General Conditions of Service

1. Which of the terms ‘pay’ and ‘Substantive pay’ is more comprehensive

and what is the difference between them?

Ans: - The term ‘pay’ is more comprehensive than ‘Substantive pay’. Pay includes
Substantive pay, Special pay, personal pay and other emoluments specially classed as
pay. Substantive pay, on the other hand, does not include special pay, personal pay
and other emoluments classed as pay and is restricted to the pay to which a
Government servant is entitled on account of a post to which
he has been appointed substantively or by reason of his substantive position in a
cadre.
[FR 9 (21) and 9(28)

2. What is the presumptive pay of a post when used with reference to a

particular Government servant?

Ans: - Presumptive pay means the pay to which a Government servant would be
entitled, presuming that the post substantively and was performing its duties. It
includes special pay only if he performs or discharges the work or responsibility in
consideration of which it was sanctioned.
[FR 9(24)

3. What is ‘special pay’?

Ans: - Special;, pay is an addition, of the nature of pay, to the emoluments of a post or
a Government servant, granted in consideration of (a) the specially arduous nature of
the duties; or (b) a specific addition to the work or responsibility. The ‘Deputation
(Duty) Allowance granted to Government servants is also treated as ‘Special pay’.
[FR 9(25)

4. Distinguish between the terms ‘Personal pay’ and ‘Special pay’. Can they
be drawn at the same time by the same individual?

Ans:- Personal pay is the additional pay granted to a Government servant to save him
a loss of substantive pay in respect of a permanent post other than a tenure post due
to revision of pay or to any reduction of such pay otherwise than as a disciplinary
measure or on other personal considerations, whereas special pay is an additional pay
granted in consideration of the specially arduous nature of the duties or the specific
addition of work or responsibility. Personal pay is granted to an individual whereas
special pay is attached to the post.

[FR 9 (23) and 9 (25)]

5 Define ‘Duty’. Give one example each for circumstances in which an

officer on duty is (a) not entitled to any payment and (b) where he is entitled to
leave salary.

SAT 1
Ans: - 1. Duty means the period during which a Government servant performs the
duties of a post.
(a) It includes –
(i) Service as a probationer or apprentice, provided that such
service is followed by confirmation.
(ii) Joining time.
(b) A Government servant may be treated as on duty –
(i) during a course of instruction or training in India, or
(ii) in the case of a student, stipendiary or otherwise who is entitled
to be appointed to the service of Government on passing
through a course of training at a University, College or School
in India, during the interval between satisfactory completion of
the course and his assumption of duties.
[FR 9 (6)]
2 (a) Temporary Central Government servants with less than three years of
regular continuous service when appointed to posts under the Central Government
either on the results of a competitive examination which is open to both Government
servants and others or after an interview for appointment to such posts are entitled for
joining time without joining time pay. The period of joining time qualifies as duty.
[ Rule 4, CCS (JT) Rules and FR 9 (6) ]

(b) A Government servant proceeding on leave from/to a place in a remote

locality like A & N Islands or returning from leave to/from the said place, shall be
entitled, once in a calendar year, to transit time each way at the prescribed scale, to
cover the period spent in journey between the said remote locality and the specified
station. This transit time is treated as duty and the Government servant is entitled to
leave salary during such period.
[GIO (1), below Rule 10, CCS (JT) Rules]

6. Explain in your own words what is meant by the term ‘lien’?

Ans. ‘Lien’ means the right /title of a Government servant to hold on regular basis
either immediately or on the termination of the periods of absence, a post including a
tenure post to which he has been appointed on regular basis, subject to the condition
that the junior most person in the grade will be liable to be reverted if the number of
persons so entitled is more than the posts available in the grade.
[FR 9(13)]

7. In what circumstances does a Government servant retain in lien on a post ?

Ans. A Government servant retains a lien on a post –

(a) while performing the duties of that post ;

(b) while on foreign service or holding a temporary post or officiating in another
post ;

(c) during joining time on transfer to another post on the same or higher pay till
he joins the new post or if he is transferred substantively to another post on a
lower pay, till he is relieved of his duties in the old post;
(d) while on leave ;
(e) While under suspension.

SAT 2
 [FR 13]
8. Define the following:-

(a) Probationer
(b) Special Pay
(c) Temporary Post
(d) Honorarium
(e) Tenure Post
(f) Local Fund
(g) Personal Pay
(h) Subsistence Grant

Ans. (a) Probationer means a Government servant employed on probation in or

against a substantive vacancy in the cadre of a department.
(b) Special Pay means an addition, of the nature or pay, to the emoluments
of a post or of a Government servant, granted in consideration of (a)
the specially arduous nature of the duties; or (b) a specific addition to
the work or responsibility.
[FR9 (25)]

(c) Temporary post means a post carrying a definite rate of pay sanctioned
for a limited time.
[FR 9(30)]

(d) Honorarium means a recurring or non-recurring payment granted to a

Government servant from the consolidated fund of India or the
consolidated fund of the state or the Consolidate fund of the Union
Territory as remuneration for special work of an occasional or
intermittent character.
[FR 9 (9)]

(e) Tenure post means a permanent post which an individual Government

servant may not hold for more than a limited period. In case of doubt, the
Central Government may decide whether a particular post is or is not a
tenure post.
[FR 9 (30)-A]

(f) Local Fund means (a) revenues administered by bodies which by law or
rule come under the control of Government, whether in regard to
proceedings generally or to specific matters, such as the sanctioning of
their budgets, sanction to the creation or filling up of particular posts, or
the enactment of leave, pension or similar rules; and (b) the revenues of
any body which may be specifically notified by the President as such.
[FR 9 (14)]

(g) Personal pay means additional pay granted to a Government servant to

save him from a loss of substantive pay in respect of a permanent post
other than a tenure post due to a revision as a disciplinary measure; or in
exceptional circumstances, on other personal consideration.
[FR 9 (23)]

SAT 3
 (h) Subsistence grant means a monthly grant made to a Government servant
who is not in receipt of pay or leave salary. [FR 9 (27)]

9 Distinguish between –
(1) Permanent Post, Temporary Post and Tenure Post.
(2) Personal Pay and Presumptive Pay
(3) Special Pay and Compensatory Pay
(4) Substantive Pay and Presumptive Pay
(5) Apprentice and Probationer
(6) Probationer and One on Probation
(7) Fee and Honorarium
(8) Subsistence Allowance and Compensatory Allowance
(9) Identical Time-Scale and Same Time Scale.
(10) Foreign Service and Deputation out of India
(11) Tenure Post and Supernumerary Post
(12) Temporary Post and Supernumerary Post
(13) Presumptive Pay and Special Pay
(14) Re-employment Pay and Extension of Service

Ans: - (1) A Permanent post is sanctioned without any limit of time

Either on the period of its existence or on the period for which a particular
Government servant may hold it. A temporary post is sanctioned for a specific period
only, i.e., period of existence is limited. A tenure post is a permanent post (sanctioned
without limit of time on its existence) but with a limit of period beyond which a
particular individual may not hold it. In all the three cases, a definite rate of pay is
implied.
[ FR 9(22) and 9 (30-A)]

(2) Personal pay is the additional pay granted to a Government servant t save him
from the loss of substantive pay in respect of a post other than a tenure post due to a
revision of pay or to any reduction of such pay otherwise than a disciplinary measure
or granted on other personal considerations while presumptive pay means the pay to
which a Government servant would be entitled presuming that he held the post
substantively and was performing its duties.
[FR 9 (25) and 9 (234)]

(3) Special pay is an addition of the nature of pay granted in consideration of the
arduous nature of duties or a specific addition to the work or responsibility, whereas
compensatory allowance is granted to a Government servant to meet personal
expenditure necessitated by the special circumstances in which duty is performed and
is in the nature of an allowance. Special pay is taken into account for encashment of
leave but compensatory allowance is not. Special pay is taken into account in certain
circumstances for fixation of pay on promotion/transfer to other posts, recovery of
licence fee for Government residential accommodation. Compensatory allowance
other than traveling allowance counts only as emoluments for the recovery of licence
fee for Government accommodation. The condition that the grant of a compensatory
allowance should not on the whole be a source of profit to the recipient has no
relevance in the case of a special pay.

SAT 4
 [ FR 9(25) and 9(5)]
(4) Substantive pay means pay, other than special pay, personal pay, or any other
emoluments classes as pay drawn by a Government servant in respect of a grade to
which he is appointed substantively, or by reason of his substantive position in a
cadre, whereas presumptive pay means the pay which the Government servant would
have drawn, if he was appointed to the post substantively and was performing its
duties. In other works, it is to be imagined in the case of presumptive pay that the
Government servant was appointed to the post substantively. Presumptive pay
includes special pay, if the conditions for its drawal are fulfilled, but substantive pay
does not. [FR 9 (28) and 9(24)]

(5) 1. Apprentice is a person merely recruited for training with a view to

future employment in Government service and does not hold any post substantively.
But a probationer has a substantive status and is employed as such in a substantive
vacancy.
2. Service as apprentice does not count for increment, while service as
probationer counts for increment.
3. Except in the case of SAS apprentice who is treated as a temporary
Government servant, an apprentice is eligible for the grant of only half pay leave on
medical certificate for one month in any year and extraordinary leave whereas
probationer is entitled to leave as admissible to any other permanent Government
servant.
4. Service as apprentice, except in the case of SAS apprentice, does not
count for pension; service as probationer counts for pension when followed by
confirmation.
[SR 2(2) and 2(15)]

(6) A Probationer is one who is appointed in or against a post which is vacant

with definite conditions of probation such as the passing of departmental examination
whereas one appointed on probation is one who hold a post substantively and is
appointed to another post (which need not be substantively vacant) for determining
his suitability for eventual substantive appointment to that post. A probationer will be
allowed only the minimum of the scale or such other stage specially prescribed and if
he is a person already in permanent service, he will be paid the substantive pay if that
is greater, while a person ‘on probation’ will have his initial pay fixed as if it is a case
of officiating appointment. A probationer will not be allowed to draw any increment
during the period of probation unless otherwise provided in the order of appointment,
while in the case of as a person ‘on probation’ increment will be allowed as matter of
course under FR 26.
[SR 2(15)]

Example:- A direct recruit to the Indian Postal Service, Group ‘A’ is a probationer,
because definite conditions of probation are attached to his appointment. He is to
undergo satisfactory training for 2 years and also pass the prescribed departmental
examinations. A Post Office Clerk, qualified in the competitive examination for the
recruitment of IPO swill depend on his performance during the period for which he is
placed on probation.

SAT 5
(7) Fee is a recurring or non-recurring payment to Government servant as
remuneration for service done by him for a private person or body or for a public
body including a body administering a local fund from a source other than the
Consolidated Fund of India/State/Union Territory, whether made directly or indirectly
through the intermediary of Government and it does not include (1) unearned income
such a income from property, dividends and interest on securities, and (2) income
from literacy, cultural, artistic, or technological efforts. Honorarium is a recurring or
non-recurring payment granted to a Government servant from the Consolidated Fund
of India State/Union Territory as remuneration for a special work of an occasional or
intermittent character.
Thus the source from which the payment is made determines whether such
payment is to be classified as Fee or Honorarium. If the source is the Consolidated
Fund of India or of a State or of a Union Territory, the payment is classified as
Honorarium; otherwise, it should be classified as Fee.
Unless specially exempted by Government, in cases where the few exceed
Rs.1,500 in a financial year, one-third of such few shall be credited to the
Consolidated Fund of India or of the State to which his pay and allowances are
charged subject to the condition that the balance amount retained by him does not fall
short of Rs.1,500. On the other hand, Government have no share in the case of
honorarium.
[FR.9(6-A),9(9) and SR 12.]

Illustration,- Sri ‘X’, an officer of the Central Government, is paid Rs.1,800

for valuing the answer papers of the Junior Accounts Officers’ (Postal Wing)
Examination conducted by the DG, Department of Posts. This amount is to be treated
as ‘Honorarium’ and no share is payable by the officer to Government out of this
income. If the same payment had been in respect of an examination conducted by a
private college or an autonomous body which is not wholly or substantially financed
by the Government, it will amount to ‘fee’ under SR 12 and the officer will have to
credit Rs.300 to Government though one-third comes to Rs.600.

(8) Subsistence Allowance is a monthly allowance granted to a Government servant

when he is under suspension and is based on the pay drawn by him immediately
before suspension. If the period of suspension exceeds three months, the Subsistence
Allowance may be increased or decreased up to 50% of the amount initially granted
for any period subsequent to the first three months. Compensatory Allowance is an
allowance granted to a Government servant to meet personal expenditure necessitated
by the special circumstances in which duty is performed.
[FR 53 and 9(5).]

(9) The time-scale of a post is said to be ‘identical’ with the time-scale of another
post, if the minimum, the maximum, the period of increment and the rate of increment
of these two time-scales are identical even though the scales may differ in the matter
of provision of efficiency bars. Here, we only compare the time-scales, without taking
into consideration the duties or responsibilities attached to the posts in these two time-
scale
The time-scale of a post is said to be on the ‘same time-scale’ of another post,
if (i) the time-scales of these two posts arte identical and (ii) the two posts fall within
a cadre or a class in a cadre, such cadre or class having been created in order to fill all

SAT 6
posts involving duties of approximately the same character or degree of responsibility
in service or establishment, or group of establishments so that the pay of the holder of
any particular post is determined by his position in the cadre or class and not by the
fat that they are identical but also take into account the duties or responsibilities
attached to the posts to see that these two posts in these time-scale fall within a cadre.
[FR 9(31)(b) & (c).]

(10) Foreign service means service in which a Government servant receives his pay
with the sanction of Government from any source other than the Consolidated Fund of
India/State/Union Territory. Foreign service may be either in India or out of India.
Deputation out of India means deputing a Government servant temporarily for duty
out of India in connection with the post held by him or in connection with any special
duty on which he may be temporarily placed. During the period of deputation out of
India, he received his pay from the Consolidated Fund of India/State/Union Territory,
as the case may be.
[FR 0(7) and FR 51]

(11) A tenure post is a permanent post (sanctioned without limit of time on its
existence) but with a limit of period beyond which a particular individual may not
kho9ld it. A supernumerary post is permanent post created in an abstract from with no
expenditure, simply to accommodate the lien of a Government servant who, though
entitled to hold a lien against regular post, cannot be so accommodated because of
non-availability of such a post. The supernumerary post can be created only if another
vacant post is not available and should be abolished when a regular post becomes
available to accommodate the lien of that particular Government servant. From 1-4-
1988, creation of supernumerary post has become redundant as confirmation of a
Government servant is declined from the availability of permanent vacancy.
[FR 9(30-A) & FR 9(13).]

(12) Temporary post is a post carrying definite rate of pay sanctioned for a limited
period and a person can be appointed against that post perform its duties, whereas a
supernumerary post is a permanent post created in an abstract form simply to
accommodate the lien of a Government servant who, though entitled to hold a lien
against regular post, cannot be so accommodated because of non-availability of such a
post. The supernumerary post can be created only if another vacant post is knot
available to provide lien for the Government servant concerned and should be
abolished when a regular post becomes available to accommodate the lien lf that
particular Government servant.
[FR 9(30);Rule 11(2)DFPR.]

(13) Presumptive pay means the pay to which a Government servant would be
entitled if he held the post substantively and were performing its duties, whereas
special pay is an addition of the nature of pay granted to a Government servant in
consideration of the arduous nature of duties or a specific addition to the work or
responsibility.
[FR 9(24) and 9(25)]

(14) The employment of person who has retired from Government service against
in Government service is termed as re-employment. If the services of a Government
servant on deputation to an ex cadre post are required beyond the date of his

SAT 7
superannuation in his parent service, then such retention is also treated as
reemployment. On the other hand, if the service of Government servant beyond the
age of his superannuation are required in the same cadre/post which he is holding at
the time of superannuation, such retention is treated as extension of service.
(Chapter 42, Swamy’s Complete Manual on Establishment and
Administration, ninth Edition, 2003)

10. In what circumstances may a Government servant be transferred to

another post carrying a lesser pay ?

Ans: - A Government servant can be transferred to a post carrying less pay: -

(i) on account of inefficiency or misbehavior, or
(ii) on his written request.
[FR 15]

11 Comment on the following cases: -

(a) An officer begins to draw the pay and allowance attached to his tenure
of post with effect from the date when he assumes the duties of that
post
(b) An officer after 38 months leave of absence applies for 3 years
extraordinary leave.

Ans: - (a) The tenure of a post begins from the date when a Government servant
assumes the charge of the post. He shall draw the pay and allowance attached to the
post from the date, if the transfer of charge of the post is made in the forenoon and
from the next day if the transfer is made in the afternoon. This provision will,
however, not apply to cases in which it is the recognized practice to pay a
Government servant at a higher rate for more important duties performed during a
party of a day.
[FR 17 and AI there under]

(b) Generally, as no Government servant can be granted leave of any kind for a
continuous period exceeding five years, the officer can be granted extraordinary leave
for 22 months more only. However, in exceptional cases, the president may grant
leave of any kind for a continuous period exceeding five years.
[FR 18]

12 what effects will a period of unauthorized absence from duty have in the
matter of leave travel concession and eligibiltyfor appearing in the departmental
examinations?

Ans: - The period of unauthorized absence from duty in the following circumstances
shall be deemed to cause an interruption or break in service, unless otherwise decided
by the Appointing Authority, for the purpose of (i) leave travel concession and (ii)
eligibility for appearing in departmental examinations for which a minimum period of
continuous service is required—

SAT 8
 (a) in the case of employees working in industrial establishment, during a
strike which has been declared illegal;
(b) in the case of other employees as a result of acting in combination or in
concerted manner, such as during a strike, without any authority from, or
valid reason to the satisfaction of the appointing authority;
(c) in the case of an individual employee, remaining absent unauthorizedly or
deserting the post.
[FR 17-A]

Q13 To what extent the interruption or break in service caused in the

circumstances stated in FR 17-A will affect the following entitlements to a
Government servant?

(a) Pay and Allowance

(b) Increment
(c) Leave
(d) Pension

Ans: - (a) pay and allowance—The Government servant shall not be entitle to any pay
and allowances for the period of such unauthorized absence even if such absence is
condoned.
[Prov to FR 17(1)]

(b)Increment— the period of such unauthorized absence will not count for the
purpose of increment. However, the periods preceding such ‘unautorised absence’
will not be forfeited but will count for increment, under the normal rules.
[FR 26]
(c) Leave—the period of unauthorized absence will not entail forfeiture of
past service for the purpose of leave at credit at the time of commencement of the
unauthorized absence will not also lapse. However, 1/10th of the period of such
unauthorized absence in respect of earned leave and 1/18th in respect of half pay leave
will be deducted from the earned leave/half pay leave to be credited at the beginning
of the succeeding half-year.
[Rules 27 and 29, CCS (Leave) Rules, 1972]

(d) Pension—unless the appointing authority commutes retrospectively

such periods of absence as extraordinary leave under rule 27 (2) of CCS (Pension)
Rules, 1972, the past service of the Government servant will not count as qualifying
service for the purpose of pension.

14 Comment on the following: -

A Government servant remained absent from duty unauthorizedly for

two days and this constituted a break in service in terms of FR 17-A.
subsequently, the Competent Authority in exercise of powers under FR 17-A
decided that the absence shall not constitute a break in service. The Head of the
Office allowed pay and allowances for these two days to the Government servant.

SAT 9
Ans: - Under the proviso to FR 17 (1), an officer who is absent from duty without any
authority shall not be entitled to any pay and allowances during the period of such
absence. The decision of the Competent Authority to condone the break in service
under FR 17-A will only enable the removal of the disadvantage of the Government
servant in availing the LTC, making him eligible for appearing in the departmental
examinations for which a minimum period of continuous service is required and will
not confer on the Government servant that benefit of pay and allowances for such
periods. Hence, the action of the Head of the Office is not in order.

15 How will you deal with the ‘willful absence’ from duty of an official ?

Willful absence from duty, even though not covered b y the grant of leave
does knot entail loss of lien. The period of absence not covered by grant of leave shall
have to be treated as dies non for all purposes, viz., increment, leave and person. Such
absence without leave where it stands singly and not in continuation of any authorized
leave of absence will constitute an interruption in service for the purpose of pension
and unless the Appointing Authority commutes retrospectively such absence as
extraordinary leave under Rule 27(2) of CCS(Pension) Rules, 1972, the entire post
service will stand forfeited.

16. Define ‘fees’

Fee means a recurring or non-recurring payment to a Government servant

from a source other than the Consolidated Fund of India or the Consolidated Fund of
State or the Consolidated Fund of a Union.
Territory, whether made directly to the Government or indirectly through the
intermediary of Government, but does not include-
(a) unearned income such as income from property, dividends and interest on
securities’ and
(b) income from literary, cultural, artistic, scientific or technological efforts
and income from participation in sports activities as amateur.
[FR 9(6-A)]

17 (a) What are the circumstances in which a Government servant can retain
the entire amount of the fees received by him without special sanction ?

(b) Cite (two) instances in which few may be accepted by a Government

servant without permission.

(c) What are the important points which must be embodied by the
Sanctioning Authority in an order conveying sanction to the acceptance of fees
by a Government servant ?

Ans: (a) A Government servant may retain the entire amount of the few
received by him without special sanction in the following circumstances:-
(i) If the amount of fees does not exceed Rs.1,500 if non-recurring or if a
recurring fee of Rs.1,500 a year. [GIO (1) below SR 12]

SAT 10
 (ii) The entire fee paid for duties which khe is required to perform in his
official capacity under any law or order of Government under FR 48(e).
[GIO (1) below FR 48(e)

(iii) Fee received by a Medical Officer in Civil employ for services other than
professional attendance, unless the President by special order otherwise
directs.
[SR 9]

(iv) Fees received by Government servants from Universities and other

statutory bodies like the Institute of Chartered Accountants, Autonomous
Bodies and Public Sector Undertakings/Enterprises which are financed wholly
or substantially by Government grants/loans, fork their services connected
with the examinations conducted by the bodies or for delivering lectures.

[Note below SR 12]

(b) Permission is not necessary fork the acceptance of fees in the following
cases:-

(i) The premium awarded for an essay or plan in public competition;

(ii) the reward offered for the arrest of criminals, or for information or special
service in connection with administration of justice;

(iii) any reward payable in accordance with the provisions of any Act or
regulations or rules framed hereunder ;

(iv) any reward for service in connection with administration of customs and
excise laws; and

(v) any fees payable to a Government servant for duties which he is required
to performs in his official capacity under any special or local law or by order
of the Government.
[FR 48]

(c) The Sanctioning Authority should record in the order of sanction that due
regard has been paid to the general principles enunciated in FR 11 and that the service
in consideration of which fee is to be paid has been performed without detriment to
his official duties. He should also state reasons justifying the grant of extra
remuneration.
[FR 46 (a) and (c)]

18 (a) Write short notes on ‘Honorarium’. What are the guiding principles for
the grant of Honorarium to a Government servant?

(b) What are the conditions to be satisfied for the grant of Honorarium?

SAT 11
 (a) Honorarium is a recurring or non-recurring payment granted to a
Government servant from the Consolidation Fund of India or the Consolidated Fund
of a State or the Consolidated Fund of a union Territory as remuneration for a special
work of an occasional or intermittent character.

The following are the guiding principles which should be kept in view by the
Administrative Authorities in granting ‘Honorarium’:-
(i) No honorarium is admissible for temporary increases in work which are
normal incidents of Government work and form part of the legitimate
duties of Government servants according to the general principles
enunciated in FR 11.
(ii) Honorarium should not be granted to officers engaged in work in
connection with setting up of companies, corporations, etc., which forms
part of their normal duties, even if they work after the office hours.
(iii) No honorarium is admissible to a Government servant for performing the
additional duties of a sanction post.
(iv) No honorarium should be granted in cases where overtime allowance has
been paid to the staff in connection with the same work.
[GIO (1) below FR 46]

(b) The following conditions are to be satisfied for the grant of

honoraria:-

(i) The work should be of special land of an occasional character.

(ii) The work should be either so laborious or of such special merit as to

justify a special reward.
(iii) The work should be undertaken with prior consent of the Government
and its amount should be settled in advance.
(iv) These should be paid from the Consolidated Fund of India or the
Consolidated Fund of a State or the Consolidated Fund of a Union
Territory.
(v) The Sanctioning Authority should record in writing that though the
whole time of the Government servant is a its disposal land that he
may be employed in any manner required without any claim for
additional remuneration, the nature of special work(reasons to be
recorded) is such that, it cannot be done without the grant of extra
remuneration which is justified.
[FRs 46(b) and (c) and 11]

19 (a) what is a Service Book? State briefly the rules and procedure for
maintenance of Service Books. (b) A Government servant who has resigned
wants his Service Book to be given to in. Is this permissible ?

(a) (1) A Service Book is a contemporary record in minute detail of a person’s

official career.

(2) A Service Book should be maintained for every Government servant

including Gazetted Officers except in cases where they arte recruited for

SAT 12
 purely temporary vacancies not likely to last for more than a year and not
eligible for permanency.

(3) Service Book must be maintained for a Government servant from the date
of his first appointment to Government service, by the Head of Office in
which he is serving and transferred with him from office to office.
(4) Service Book should contain the following entries:-

(i) every step in the Government servant’s official life;

(ii) every period of suspension, interruption, etc, with its period;
(iii) reduction to lower post, with reasons;
(iv) certificate of annual verification of services; and
(v) the fact of availing Leave Travel Concession for himself and/or for his
family.
(5) Entries made in the Service Book should be attested by the Head of Office
or such other officer duly authorized in this behalf. The Service Books shall be
taken up for verification by the Head of office every year who, after satisfying
himself that services have been correctly recorded, will endorse the prescribed
certificate therein.
(6) The following statements/declarations are required to be kept in the
Service Book with the entries attested by the Authorized Officer:-
(i) Declaration electing the scale of pay and statements of fixation of
initial pay in the relevant scales of pay.
(ii) Certificate of medical fitness obtained at the time of initial entry in
the Government service.
(iii) Declaration of details of family obtained under CCS (Pension)
Rules, 1972.
(iv) ‘Home town’ declaration furnished by the Government servant.
(v)All nominations I respect of DCRG, Group Insurance Scheme.

(7) Every Head of Office shall initiate action to show the service Books to the
Government servants concerned every year and to obtain their signature therein after
having inspected the service Books.

(8) When a Government servant is transferred to Foreign Service, the Head of

Office must send the service Book to the Accounts officer who will return it after
noting in it, the order sanctioning the transfer, the effect of transfer in regard to leave
admissible during Foreign Service and any other particulars which he may consider
necessary. Similarly, on the Government servant’s re-transfer to Government service,
his service Book must again be sent to the Accounts Officer for noting all necessary
particulars regarding foreign service and return to the Head of Office.

(9) A photograph of the Government servant has to be affixed on the first page
of the Service Book, the cost of photograph being borne by Government.
(b) The Service Book should not be given to the Government servant on
retirement, resignation or discharge from service even in cases where he might have
paid for it. However, a certified copy of the Service Book may be supplied to such
Government servants on payment of a copying fee of Rs. 5
[SRs 197 TO 203 AND GIOs there under]

SAT 13
20 What is the general rule regarding the acceptance of resignation from the
Government servants? What are the exceptions to this rule? When does a
resignation become effective? In what circumstances and by whom can a
resignation be allowed to be withdrawn?

Ans: - (1) Circumstances under which resignation should be accepted—The general

rule is that, resignation from service should be accepted because it is not in the
interest of the Government to retain an unwilling officer in service.
(2) Exceptions—The exceptions are indicated below—

(i) where the Government servant is engaged on a work of importance and it

would take time to make alternative arrangements for filling up the post, the
resignation should not be accepted straightaway, but only when alternative
arrangements for filling the post have been made.

(ii) where a Government servant against whom an inquiry or investigation is

pending (whether he has been placed under suspension or not) submits his
resignation, such resignation should not normally be accepted. The Competent
Authority should examine whether it would be in the public interest to accept
the resignation. Where the charges do not involve moral turpitude, or where
the evidence against the accused officer is not strong enough justifying
protracted proceedings, it may be cheaper to the public exchequer to accept
the resignation. In these cases, the resignation may be accepted with prior
approval of the Head of Department in respect of holders of Group ‘C’ and
Group ‘D’ posts and that of the Minister-in-charge in respect off holders of
Group ‘A’ and Group ‘B’ posts.

(3) Authority competent to accept resignation—The appointing Authority in

respect of the service or post in question is the authority competent to accept the
resignation of the Government servant. In all cases of acceptance of resignation, the
Competent Authority should obtain prior vigilance clearance, before taking decision
on the request for resignation.
(4) Date from which a resignation becomes effective—The Competent
Authority should decide the date from which the resignation should become effective.
In case of para.2 (i) above, the date should be that with effect from which alternative
arrangements can be made. If the officer is on leave, resignation may be made
effective either immediately or on the termination of the leave. Where a notice is
prescribed, leave may be counted towards the notice period. The Competent Authority
should decide whether the resignation should become effective immediately or with
effect from some prospective date. The date should be specified.
(5) Withdrawal of resignation before it become effective—If the request for
withdrawing the resignation is made by the Government servant to the Competent
Authority before the acceptance of resignation, the resignation will be deemed to have
been automatically withdrawn. If such request is made after the acceptance of
resignation by the Competent Authority but before the Government servant is relieved
of his duties, the normal principle should be to allow the request of the Government
servant to withdraw the resignation. If the request is refused, reasons should be
recorded by the Appointing Authority and communicated to the Government servant
concerned.

SAT 14
 (6) Withdrawal of resignation after it became effective (i.e., after the
Government servant has been relieved of his duties).—If a permanent Government
servant makes the request for the withdrawal of resignation within 90 days from the
date the resignation became effective, the Appointing Authority may permit the
withdrawal subject to the condition stipulated in Rule 26 (4) of CCS (Pension) Rules,
1972. Withdrawal of resignation which has become effective by temporary
Government servants and also withdrawal of resignation by permanent Government
servants who make request for withdrawal after 90 days from the date it became
effective, can be permitted only by the Government of India.
[GID (2) below Rule 26, CCS (Pension) Rules.]

21 Under what conditions may the withdrawal of a resignation tendered by a

Government servant which has become effective be permitted by the Appointing
Authority? How will the period of interruption in service caused by resignation
be treated?

Ans: - The Appointing Authority may permit a permanent Government servant to

withdraw his resignation which has become effective on the following conditions: --

(i) that the resignation was tendered by the Government servant for some
compelling reasons which did not involve any reflection on his integrity,
efficiency or conduct and the request for withdrawal has been made as a result
of a material change in the circumstances which originally compelled him to
tender the resignation;
(ii) that the conduct of the person was in no way improper during the period
from the date on which the resignation became effective and the resignation
became effective to the date of request for withdrawal.
(iii) that the period of absence from duty on which the resignation became
effective and the date on which the person is allowed to resume duty is not
more than 90days;
(iv) that the post which was vacated by the Government servant on the
acceptance of his resignation or any other comparable post, is available;
(v) that the Government servant did not resign his post with a view to taking
up an appointment in a private commercial company, or Public Sector
Undertaking/body controlled and financed by the Government.
(2) when an order is passed by the Appointing Authority allowing a person to
withdraw his resignation and to resume duty, the order shall be deemed to
include the condonation of interruption in service but the period of
interruption shall not count as qualifying service.
[ Rule 26 (4), (5) and (6), CCS (Pension) Rules.]

22 What is the distinction between ‘a letter of resignation’ and ‘a notice of

termination of service’ submitted by a Temporary Central Government servant?

Ans:- A letter of resignation submitted by a temporary Government servant requires

the acceptance by the Appointing Authority in order to become effective. He
can relinquish the charge of the post held by him only when the resignation is
accepted by the Appointing Authority. On the other hand, ‘a notice of
termination of service ‘ submitted by a temporary Government servant is an

SAT 15
 exercise of the right conferred by the statutory rules enabling him to cease
performance of duties automatically on the expiry the prescribed period of
notice. If a temporary Government servant submits ‘a notice of termination of
service’ under the provisions of Rule 5 (1) of CCS (Temporary service) Rules,
1965, he shall, on the expiry of the period of notice, be automatically deemed
to have relinquished the charge of the post held by him and the question of
acceptance by the Appointing Authority does not arise.
[GID below Rule 5, CCS (Temporary service) Rules.]

23 What are the general principles governing the grant of Compensatory

Allowance? State whether the following are Compensatory Allowance or
not: --

(i) Daily Allowance;

(ii) Subsistence Allowance;
(iii) Sumptuary Allowance;
(iv) Non-practicing allowance to doctors in lieu of private practice.

Ans: - The following are the principles governing the grant of Compensatory
Allowances: --
(a) Compensatory Allowance is granted to a Government servant to meet his
personal expenditure necessitated by the special circumstances in which
duty is performed.
(b) The grant of Compensatory Allowance should be so regulated that the
allowance is not on the whole a source of profit to the recipient.

(i) Daily allowances are a Compensatory allowance.—vide FR 9 (5)

(ii) Subsistence Allowance is not a compensatory allowance; it is a
monthly allowance paid to a Government servant who is under
suspension.—vides FR 53.
(iii) Sumptuary Allowance is not a compensatory allowance.—vide FR 9
(5)
(iv) Non-practicing Allowance is not a compensatory Allowance, but is an
allowance granted to Medical Officers in lieu of private practice and is
treated as ‘pay’ for all service matters.—vide GIO (2) below FR 9 (21)

24. What are the principles required to be followed in determining the pay of
a newly created temporary post ?

Ans. When the temporary post is treated which may have to be filled by a person
not already in Government service, the pay of the post shall be fixed with reference to
the minimum that is necessary to secure the services of a person capable of
discharging efficiently the duties of the post.

When the temporary post is created which will probably be filled by a person
who is already is Government servant, its pay should be fixed by the Government

SAT 16
with due regard to (i) the character and responsibility of the works to be performed,
and (ii) the existing pay of Government servants of a status sufficient to warrant their
selection for the post.
[FRs 39 and 40]

25. What are the guiding principles to be observed in fixing pay of a

temporary post to the created outside the ordinary line?

Ans. The isolated posts created for the performance of special tasks un-connected
with the ordinary work which a service is called upon to perform is termed as ‘ex
cadre posts’ outside the ordinary line. For such isolated ex cadre posts, it may
occasionally be desirable to fix consolidated rates of pay. Where, however, the post is
to be held by members of a service, it will ordinarily be preferable also to create the
post in the time-scale of the holder’s service.
[GIO (1) below FR 40.]

26. A Government servant does not resume duty after remaining absent
without permission for a continuous period of five years. He is removed from
service on the date of expiry of five years. Comment.

Ans. Absence from duty without proper permission amounts to misconduct on the
part of the Government servant and disciplinary action can be taken against him. Such
a Government servant may be removed from service for this misconduct after
observing the procedure prescribed in the Central Civil Services (CCA) Rules, 1965.
If the Government servant in this case is removed from service after observing the
procedure prescribed in CCS (CCA) Rules, 1965, the action is in order.
[GID (3) below Rule 25, CCS (Leave) Rules, 1972.]

27. Comment on the following :-

A Section Officer who performed the duties of another sanctioned post of

a Section Officer for a period of two months in addition to his own work was
sanctioned honorarium of Rs. 300 per month by the Head of the Department.

Ans. Honorarium is a recurring or non-recurring payment to a Government servant

from the Consolidated Fund of India or of a State/Union Territory as remuneration for
a special work of an occasional or intermittent character. When a post is sanctioned,
the duties attached to it can hardly be regarded as occasional or intermittent in
character. Hence, the grant of honorarium is not in order.
[GIO (6) below FR 46.]

28. No person may be appointed in India to a post in Government service

without medical certificate of health. Are there any exceptions to this rule?

Ans. The following classes of Government servants are exempted from producing
M.C.-
1. A Government servant recruited through a competitive examination who had
to undergo medical examination in accordance with regulations prescribed for
appointment to Government service.
2. A qualified student of the Thomason College, Roorkee, permanently appointed
to the Public Works Department within 18 months from the date of the health
certificate granted to him on the completion of the College course.

SAT 17
3. A temporary Government servant, who has already been medically examined
in one office, if transferred to another office without a break in his service.
4. A retired Government servant, re-employed immediately after retirement.
5. A Government servant appointed in a temporary vacancy for a period not
exceeding three months.
6. A person re-employed after resignation, if the resignation was for taking up
another appointment under Government or quasi-Government body for which
he applied through proper channel with proper approval, provided that he was
medically examined by a competent Medical Authority and declared fit
according to the medical standards not lower than those required in his new
post.
[SR 4-A and GIO (2) thereunder.]

29. Write short notes on the ‘simplified procedure for confirmation of

Government servants’.

Ans. The following is the ‘simplified procedure for confirmation of Government

servants’ effective from 1-4-1988:-
(i) Confirmation will be made only once in the service of a Government servant
which will be in the entry grade.
(ii) Confirmation is delinked from the availability of permanent vacancy in the
grade. An officer who has successfully completed the probation
Will be confirmed, irrespective of the availability of a permanent vacancy.
(iii) If the Recruitment Rules do not prescribe any probation, an officer promoted
on regular basis will have all the benefits that a person confirmed in that grade
would have.
(iv) Where probation is prescribed in the promoted post, the Appointing Authority
will, on completion of the prescribed period of probation, assess the work and
conduct of the officer himself and in case the conclusion is that the officer is
fit to hold the higher grade, he will pass an order declaring that the person has
successfully completed the probation.
(v) Lien will now represent only the right/title of a Government servant to hold on
regular basis either immediately or on the termination of the periods of
absence, a post including a tenure post to which he has been appointed on
regular basis.
[FR 9 (13).]

Combination of Appointments
1. What is combination of appointments? How pay is regulated
during that period?
Ans. Combination of appointments means appointment of an officer, as a
temporary measure, to hold full charge of more than one post. An officer appointed to
perform the current duties of an appointment can exercise administrative or financial
powers vested in the full-fledged incumbent of the post but he cannot exercise
statutory powers, whether those powers are derived direct from an Act of Parliament,
e.g., Income Tax Act or rules, Regulations and By-laws made under various articles
of the Constitution, e.g., F.R., CCS (CCA) Rules, DFPRs., etc. In order to enable has

SAT 18
to be appointed to hold charge to additional appointment and not merely placed in
charge of the current duties of another post in addition to his own.
For regulation of pay during the period – See Ans. To Question 2 below.
[GIO (3), FR 49.]

2. Can a Government servant be appointed simultaneously to two or

more posts? If so, how are the pay and allowances of such a Government servant
regulated?
Or
How the pay of a Government servant holding more than one post
at a time is regulated?

Ans. A Government servant may be appointed to one or more additional

independent posts as a temporary measure, at one time under that Government. In
such cases, his pay is regulated as follows :-
(1) If he is appointed to hold full charge of the higher post in his own
office and in the same line of promotion, in addition to his ordinary duties, he will be
allowed the pay admissible to him, if he is appointed to officiate in the higher post;
but no additional pay will be admissible for performing the duties of the lower post.
(2) If he is appointed to hold dual charge of two posts in the same cadre in
the same office carrying identical scales of pay, no additional pay will be admissible
irrespective of the period of dual charge. If the additional post carries a special pay, he
will be allowed the special pay.
(3) If he is appointed to held charge of another post or posts in a different
office, or in a different line of promotion in the same office, he will be allowed the
pay of the higher post or highest post in addition to ten per cent of the presumptive
pay of each additional post, if the additional charge is held for a period, exceeding 45
days but not exceeding 3 months. For a period for payment of additional pay beyond 3
months.
(4) If he is appointed to hold full additional charge of another post, the
aggregate of pay and additional pay shall in no case exceed Rs.26,000.
(5) No additional pay is admissible for holding current charge of the
routine duties of a higher post irrespective of the duration of additional charge.
(6) If compensatory or sumptuary allowance are attached to one or more
of the posts, the Government servant will draw such compensatory or sumptuary
allowances as the Central Government may fix, not exceeding the total of the
allowances attached to all the posts.
[FR 49.]

3. (a) How is the pay of a Government servant appointed formally to

hold the full charge of a higher post in addition to his own for 50 days (as a temporary
measure) regulated if -

(i) The higher post is in the same office and in the same cadre/line
of promotion;
(ii) The higher post is in the same office but not in the same
cadre/line of promotion.

( b) Will it affect his title to pay, if the Government servant is appointed to

hold the current charge of the higher post?

SAT 19
Ans. (a) (i) He will be allowed the pay admissible to him as if he is promoted to
officiate in the higher post; but no additional pay will be allowed for performing the
duties of the lower post.
[FR 49 (i)]

(ii) He will be allowed the pay admissible to him as if he is promoted to

officiate in the higher post and in addition he will be allowed 10 % of his pay in the
lower post.
[ FR 49 (iii).]

(b) If the Government servant is appointed to hold the current charge of

the higher post, he will continue to draw the pay of the lower post and no additional
pay will be admissible to him for performing the duties of the higher post.
[FR 49 (v).]

4. An officer drawing substantive pay of Rs.11,950 in the scale of Rs. 10,000-

325,200 plus Conveyance Allowance of Rs.300 p.m. is temporarily appointed to
hold in addition a post in the scale of Rs.12,000-375-16,500 with a Conveyance
Allowance of Rs. 400 p.m. and for holding the additional charge he is given a
special pay of Rs.1,000 p.m.
Comment on the above and state what is the maximum conveyance
allowance which can be given to him.

Ans. Special pay cannot be granted in the case of dual charges and it is irregular to
grant the officer the special pay for dual charge. His pay should have been regulated
under FR 49. He could be allowed Rs. 12,000 in respect of the higher post plus Rs.
1,195 being 10% of the pay in respect of the first post. His Conveyance Allowance
may be fixed at a rate not exceeding Rs.700 p.m.
[FR 9 (25) and 49.]

5. Comment on the following cases :-

(a) A Junior Accounts Officer drawing pay at Rs.7,250 p.m. given additional
charge of another post of Junior Accounts Officer in the same office.
Considering that there is a specific addition to duties and
responsibilities, it is proposed to grant him a special pay of Rs.300
p.m.

(b) A Group ‘A’ Government servant drawing the pay of Rs.15,100 in the
scale of Rs.14,300-400-18,300 is appointed to hold charge of another post whose
incumbent proceeded on earned leave for a period of 50 days in the same cadre
carrying identical scale of pay and a special pay of Rs.1,000 p.m. The officer who
held the additional charge and the officer who proceeded on leave, both claim the
special pay of Rs.1,000 for the above period.

Ans. (a) As per FR 49 (ii), no additional pay is admissible for holding dual charges
of two posts in the same cadre in the same office carrying identical scales of pay. The
proposal to grant special pay of Rs.300 p.m. is, therefore, not in order.

SAT 20
 (b) Under the proviso to FR 49 (ii), the officer who held the additional
charge of another post in the same cadre is entitled for the special pay, if any, attached
to the post which he holds additionally. Hence, he is entitled to claim the special pay
of Rs.1,000. the officer who proceeded on leave will draw only leave salary and not
pay during the period of leave and the special pay of Rs. 1,000 will get included in the
leave salary admissible to him.
[FR 49 (ii) and Rule 40, CC(Leave) Rules]

Deputation out of India

1. Whose sanction is necessary to the deputation of a Government
servant out of India? How are the pay and allowances of a Government servant
deputed out of India regulated?

Ans. (1) Deputation out of India requires the previous sanction of the
Central Government.
(2) While on deputation out of India, the Government servant is allowed
the same pay which he would have drawn had he remained on duty in India.
(3) If the Government servant is placed on deputation while already on
leave out of India on earned leave, he may be required to continue to be on leave. In

SAT 21
such a case, in addition to his leave salary, an honorarium of one-sixth of the pay
which he would have drawn had he remained on duty in India will be paid to him. The
cost of passages both ways shall be met by the Government servant himself.
(4) the portion of the pay which a Government servant may be permitted
to draw in foreign currency while on deputation out of India will be determined in
accordance with the orders issued by the President from time to time.
(5) A Government servant on deputation out of India may be granted
Compensatory Allowance in a foreign country at the rates prescribed by the President.
(6) the foreign exchange equivalent of the pay, honorarium or
Compensatory Allowance mentioned in the foregoing, paragraphs shall be calculated
at the exchange rate fixed by the President.
[FR 51]

2. What payments are admissible to a Government servant temporarily

deputed for duty out of India and to a Government servant who is placed on
such deputation while already on leave out of India?

Ans. A Government servant temporarily deputed for duty out of India is entitled to
the following payments :-
(i) Full pay which would be admissible to him had he been on duty in
India.
(ii) Dearness allowance will be admissible at the rate at which it would
have been drawn had he not proceeded on deputation, excluding any
regular leave taken abroad irrespective of the period of stay in any one
country.
(iii) Compensatory (City) Allowance and House Rent Allowance will be
admissible for the entire period of deputation, if the period of
deputation does not exceed one year. If the deputation exceeds one
year, these allowances will be admissible till such time as Government
servant’s family remains at the last place of his duty in India.
[FR 51 read with Paras.18 to 20 of Appx. 6 to Swamy’s FR & SR.]

If the Government servant is placed on deputation while already on leave out

of India on earned leave, he may be required to continue to be on leave. In such a
case, in addition to his leave salary, an honorarium of one-sixth of his pay which he
would have drawn had he remained on duty in India will be admissible to him. The
cost of passages both ways shall be met by the Government servant himself.
[FR 51 (1), proviso.]

3. Under what conditions can casual leave be granted to an officer on

deputation out of India?

Ans. The competent Authority may grant casual leave under exceptional
circumstances to an officer on deputation out of India under the following conditions
:-
1. The grant of casual leave should not have the effect of extending the
period of deputation.
2. No Daily Allowance will be admissible during casual leave. However,
Daily Allowance at all inclusive or split rates, as the case may be,
admissible during enforced halts on account of illness up to a
maximum of seven days, provided that the illness is certified by the

SAT 22
 Head of Mission/Controlling Officer on the basis of a proper medical
certificate.
3. For the period of casual leave, the officer should pay for the cost of
accommodation rented for him by the Mission concerned.
[ Paras. 12 and 34 of Appx. 6, Swamy’s FR & SR.]

4. Can regular leave be granted to a Government servant while on

deputation out of India?

Ans. An officer may be granted regular leave while abroad for a period not
exceeding fifty per cent of the actual period of duty abroad or a fortnight, whichever
is less, for personal reasons. Daily Allowance will not be admissible during such
leave.
[ Paras. 11 and 34 of Appx. 6, Swamy’s FR & SR.]

5. Comment on the following :-

(a) An officer of the Telecommunication Department while on leave in

U.K., was asked to attend a Conference on behalf of the department for a
fortnight. It is proposed to pay him return passage in consideration of the fact
that the arrangement would save the department expenditure in deputing an
officer from India.
(b) An officer of the Central Government who was deputed abroad and
should be back in India by 1st February, suddenly fell ill and had to stay there
for a fortnight for treatment. On expiry of the period he returned to India. He
requests that he may be granted leave for the period he had to stay back due to
treatment.
Ans. (a) The officer will be given, during the period he attends the
conference, an honorarium of one-sixth of the pay which he would have drawn hade
he remained on duty in India, in addition to his leave salary. The proposal to pay him
return passage is not in order.
[ Proviso to FR 51 (1)]
(b) The request of the officer can be complied with as the period of leave
is not in excess of a fortnight.
[ Para. 11, Appx. 6, Swamy’s FR & SR.]

Dismissal, Removal, Compulsory Retirement

and Suspension
1. How is subsistence Allowance fixed initially when as official is
suspended? Can the allowance be reviewed and varied from time to time, if so,
under what circumstances or conditions?

Or
What payments are admissible to a Government servant under
suspension or deemed to have been placed suspension by an order of the
Appointing Authority?
Or

SAT 23
 What are the entitlements of a Government servant under suspension?
Or
Mention the quantum of Subsistence Allowance and other allowances
payable at various times to a Government servant under suspension?

Ans. A Government servant under suspension is entitled to the following payments

:-
(1) For the first three months, to a Subsistence Allowance equal to leave
salary admissible if he had been on half pay leave.
(2) Beyond the first three months, the Subsistence Allowance may be
revised or continued at the same rate. It may be increased up to 50% if
the Government servant is not responsible for the prolonged
suspension. It may be reduced up to 50% if the suspension is
prolonged due to reasons directly attributable to the Government
servant.
(3) In both cases (1) and (2) above, Dearness Allopwance appropriate ntro
the Subsistence Allowance is admissible.
(4) Compensatory allowances drawn before suspension may be continued
if the Suspending Authority is satisfied that the Government servant
continues to meet the expenditure for which they are granted.
No payment is admissible if the Government under servant under suspension
is engaged in any other employment, business, profession or vocation.

NOTE.-In the case of Commissioned Officer of the Indian Medical

Department or a Warrant Officer in civil employ who is liable to revert to military
duty, the pay and allowance to which he would have been entitled had he been
suspended while in military employment will be the Subsistence Allowance.
[ FR 53.]

2. What are the certificates required to be furnished by a Government

servant before claiming Subsistence Allowance?

Ans. A Government servant under suspension is required to furnish the following

certificates before he becomes entitled to Subsistence Allowance :-

(i) that he is not engaged in any other employment, business, profession

or vocation;
(ii) for drawal of HRA for periods beyond 180 days from the date of
suspension – that he continued for the period for which HRAS is
claimed, to retain the house at the same station (whether within its
qualifying limits or in an adjoining area) from where he was placed
under suspension, paid rent for it and did not sublet whole of it; and
(iii) for drawal of CCA for periods beyond 180 days from the date of
suspension – that he or his family or both continued, for the period for
which CCA is claimed, to reside at the same station (whether within its
qualifying limits or in an adjoining area) from where he was placed
under suspension.
[ FR 53 and Paras. 6 (f) and 8 (d) Section 1 of FR & SR, Part-V.]

SAT 24
3. If a Government servant who has been placed under suspension is
subsequently reinstated, how is his pay regulated for the period of his absence
from duty ?
Ans. The pay and allowances of a Government servant under suspension
shall, on reinstatement, be regulated as under : -
If the suspension was wholly he would have been entitled, had he not been
suspected. However, the Competent Authority may determine amount of such pay and
allowances (which should not be full pay and allowances) for any period of delay in
the termination of the proceedings that may be directly attributable to the Government
servant himself.
Where departmental proceedings against a suspended employee finally end
with the imposition of a minor penalty, the suspension should be held as wholly
unjustified and full pay and allowance paid for the period of suspension.
In cases where full pay and allowances is not granted to the Competent
Authority may order payment of such amount (not being the whole) of pay and
allowances for the period of suspension.
In cases where full pay and allowances is not granted to the Government
servant for the period of suspension, the Competent Authority should determine the
quantum of pay and allowances which he proposes to grant and issue a notice to the
Government servant informing of the quantum proposed and asking him to submit his
representation, if any, within 60 days from the date of receipt of notice. He should
pass order determining the quantum of pay and allowances for the said period after
considering the representation, if any, submitted by the Government servant.
The amount determined shall not be less than the Subsistence Allowance and
other allowances admissible under FR 53.
In cases where suspension is revoked pending finalization of disciplinary or
Court proceedings, orders, if any, passed regularizing pay and allowances for the
period of suspension are subject to automatic review and revision after the conclusion
of the proceedings.
[FR 54-B and AI (3) thereunder.]
4. How is the period of suspension to be treated where the Government
servant is reinstated, and the suspension is held wholly unjustified? What will
the Government servant be entitled to as pay and allowances for the period in
such cases?
Ans. The period of suspension shall be treated as a period spent on duty for all
purposes.
The Government servant is entitled to be paid the full pay and allowances to
which be would have been entitled, had he not been suspended. However, if the
Competent Authority is of the opinion that the termination of the proceedings
instituted against the Government servant had been delayed due to reasons directly
attributable to the Government servant, he may direct that the Government servant
shall be paid for the period of such delay a proportion of full pay and allowances as he
may determine. This can be done only after issue of a show-cause notice to the
Government servant and after considering his representation therefore.
[ FR 54-B.]

5. How should the pay and allowances for the period of absence from duty
of a Government servant during the period between the date of his acquittal by a
Court of Law and the date of order reinstating him in service be regulated?

SAT 25
Ans. The period between the date of his acquittal by the Court of Law and date of
his rejoining duty shall be treated as duty for all the purposes and he shall be entitled
to the payment of pay and allowances for the said period.
[ FR 54-A (3)]

6. A Government servant under suspension was acquitted by a Court of

Law on 1-10- . The order reinstating him was issued on 15-10- and he joined
duty on that day in the afternoon. The Head of Office asked him to apply for
leave as admissible for the period from 1-10- to 15-10 . Comment.

Ans. The period between the date of suspension and the date of reinstatement in his
case should be treated as duty for all purposes and the Government servant should be
paid the full pay and allowance for that period vide FR 54-A(3). The action of the
Head of Office is not in order.

7. An officer who is placed under suspension applies that he may be granted

such leave as may be admissible to him. Do you see any objection to grant his
request?
Or
A Group ‘B’ Officer under suspension applied for 2 months EL with a view to
get leave salary. The leave sanctioning authority sanctioned the same as EL
applied for was at the credit of the Government servant ?

Ans. No leave can be sanctioned to a Government servant under suspension vide

FR 55. Sanction of leave by the leave sanctioning authority is irregular.

8. How is the overpayment made to a Government servant as a result of his

suspension period being subsequently converted into leave of the kind due, to be
dealt with?
Ans. Overpayments made to a Government servant as a result of his suspension
period being subsequently converted into leave of the kind due will have to be
recovered from the Government servant. However, such conversion of suspension
into leave of the kind due will be done only if the Government servant so desired.
[ GIO (2) below FR 54-B]

9. On completion of the disciplinary proceedings against a Government

servant, the period of his suspension is treated as leave admissible. For part of
the period, leave had to be sanctioned as extraordinary leave without pay. The
Government servant represents against recovery of the subsistence Allowance
paid to him for that period. Can his representation be accepted? Give reasons for
your answer.

SAT 26
Ans. The moment the period of suspension is converted into leave, it has the effect
of vacating the order of suspension and it will be deemed not to have been passed at
all. Therefore, if it is found that total amount of Subsistence Allowance and
Compensatory Allowances that an officer received during the period of suspension
exceeds the amount of leave salary and allowances, the excess will have to be
refunded and there is no escape from this conclusion. The representation of the officer
cannot, therefore, be accepted.
[ GIO (2) below FR 54-B.]

10. How does a period of suspension affect a Government servant in the

matter of (i) leave and (ii) pension?

Ans. If the suspension of a Government servant is declared wholly unjustified, or

the Government servant under suspension is reinstated in service with minor penalty,
the period of suspension is treated as having been spent on duty and in such case it
will earn leave, count as duty for increment and pension. If, however, the Government
servant is reinstated with forfeiture of any part of his emoluments of the period of
suspension,. The period does not count for leave and /or pension unless the
Competent Authority expressly declares that it shall count as duty for leave and/or
pension.
[ FR 54 read with GI, AI (3) below FR 54-B]

11. Can a period of suspension be counted for pension if the Government

servant is reinstated with forfeiture of a part of his pay and allowances? If so,
what will be the pensioners emoluments for the period?

Ans. The authority competent to order reinstatement of the Government servant

shall make specific order (a) regarding the pay and allowances to be paid for the
period of suspension; (b) whether or not the said period shall be treated as a period
spent on duty. If the Competent Authority orders that the said period of suspension
shall count as duty for the purpose of pension and when the period falls during the
period of calculation of average emoluments, the pay which the official would have
drawn but for suspension will be taken into account for the purpose of calculation of
average emoluments regardless of the fact that the official had not been allowed full
pay and allowances for the said period of suspension.
[ FR 54 and Rule 33, CCS(Pension) Rules.]

12. What orders should be issued by a Competent Authority who reinstates a

suspended employee?

Ans. When a Government servant, who has been dismissed/removed/compulsorily

retired or suspended, is reinstated, the authority competent to order the reinstatement
shall make specific order –
(a) regarding the pay and allowances to be paid to the Government servant
for the period of his absence from duty including the period of
suspension; and
(b) whether or not the said period shall be treated as a period spent on
duty.
[ FR 54 (1).]

SAT 27
13. Discuss the relation between payment of pay and allowances and
treatment of the period of absence in the case of a Government servant who is
reinstated after dismissal, removal, compulsory retirement of suspension.

Ans.- The decision of the Competent Authority under FRs 54, 54-A or 54-B is in
respect of two separate and independent matters, viz, (a) pay and allowances for the
period of absence, and (b) whether or not the period of absence should be treated as
duty. It is not necessary that the decision on (a) above should depend on the decision
on (b) above.
The Competent Authority has the discretion to pay the proportionate pay and
allowances and treat the period as duty for any specified purpose(s)or only to pay the
proportionate play and allowances after observing the formality of giving ‘show-cause
notice’. It has no discretion to pay full pay and allowances when the period is treated
a ‘non-duty’. If no order is passed directing the period of absence be treated as duty
for any specified purpose, the period of absence should be treated as ‘non-duty’ for
the purpose of leave and increment but will be treated as ‘qualifying service’ for
pension. In such event, the past service, i.e., service rendered before dismissal,
removal, compulsory retirement or suspension will not be forfeited. Further, for
treating the period of absence as ‘duty’ for any specified purpose(s), there is no
necessity that the Government servant should hold a lien on a permanent post.
[GIO(3) below FR 544-B read with GIO below Rule 23, CCS(Pension)
Rules,]

14. What are the recoveries that can be effected from Subsistence Allowance
of Government servant under suspension with and without his consent ? What
are the recoveries that are not permissible even with the consent of the
Government servant ? Under what circumstances can recovery of overpayments
be made from the Subsistence Allowances ?

Ans. Compulsory deduction. – The following deductions, if any, must be made

from the Subsistence Allowance :-
(i) Income tax payable on the actual income, including the Subsistence
Allowance .
(ii) House rent and allied charges, i.e., electricity, water, etc.,
(iii) Repayment of loans and advances taken from Government at such
rates fixed by the Head of the Department.
(iv) CGHS Contribution.
(v) Subscription payable under Central Government Employees’ Group
Insurance Scheme, 1980.

Optional deduction.- The following recoveries may be made only with the
written consent of the Government servant:-

(j) Premium on PLI policies.

(ii) Amounts due to Co-operative Stores and Co-operative Credit
Societies.
(iii) Refund of advances taken from GPF.

Recoveries not permissible even with consent of the Government servant-

(i) Subscription to GPF

SAT 28
 (ii) Amounts due on Court attachments.
(iii) Recovery of loss to Government for which Government servant
is responsible.

Recovery of overpayments – There is no bar for the recovery of overpayments from

Subsistence Allowance, but the rate of recovery which is left to the discretion of the
Administrative Authorities should not be more than one-third of the subsistence
allowance, excluding the Dearness Allowance and other Compensatory Allowances.
(GIO(5) below FR 53.)

15. Can be following recoveries be made from the Subsistence Allowance

payable to Government servant under suspension ?

(i) Income tax (iv) Rent for the quarter occupied

(ii) PLI Premium. (v) GPF Advance.
(iii) GPF Subscription (vi) Overpayment.

Ans. Recoveries from the Subsistence Allowance playable to a Government servant

under suspension can be regulated as follows:-
(i) Income tax and House Rent can be recovered from the Subsistence
Allowance;
(ii) Postal Life Insurance premium and GGP Advance are to be recovered
only with the written consent of the Government servant;
(iii) GPF subscription cannot be recovered.
(iv) Recovery of overpayments:- See in answer to Q 14.

16. A Government servant under suspension requested that dedications

towards GPF Contribution. Hose Rent Contribution to CGHS and Court
Attachment may not be made from his Subsistence Allowance. The
Drawing Officer acceded to the request. Comment.

See Answer to Q.14

17. When the dismissal, removal or compulsory retirement of a Government

servant is set aside by a Court of Law, how is the period of absence from
duty regulated and what payments are made for such period ?

Ans. (i) If the dismissal, removal or compulsory retirement of a Government

servant is set aside by the Court of Law on the merits of the case, the periods between
the date of dismissal, removal or compulsory retirement including the period of
suspension, if any, preceding such dismissal, removal or compulsory retirement and
the date of reinstatement in service shall be treated as duty for all the purposes and the
Government servant shall be paid the full pay and allowances for the period, to which
he would have been entitled, had he not been dismissed, removed compulsorily retired
or suspended as the case may be.
[FR 54-A (3).]

SAT 29
(ii) If the dismissal, removal or compulsory retirement of a Government servant is
set aside by the Court of Law solely on the ground of non-compliance with the
requirements of Art. 311 of the Constitution, the Government servant shall not be paid
full pay and allowances for the period between the date of dismissal, removal or
compulsory retirement (including the period of suspension, if any) and the date of
reinstatement but will be allowed only a proportion of the full pay and allowances,
For this purpose, the Competent Authority shall determine the quantum of such
proportionate pay and allowances and issue a notice to the Government servant
concerned indicating the quantum proposed and after considering the representation,
if any, submitted by him in that connection, shall decide the quantum of pay and
allowances for the said period and issue order accordingly. The Competent Authority
shall consider and decide as to what purposes the period of absence including the
period of suspension, it any, shall be treated as duty. If the Government servant
desired, the period of absence including the period of suspension, if any, to be treated
as leave due and admissible to him, the request may be complied with by the
Competent Authority. [FR 54-A (2).]

(iii) The payment of allowances under (i) and (ii) above will be subject to all other
conditions under which such allowance are admissible. Any payment made to the
Government servant on reinstatement shall be subject to adjustment of the amount, If
any, earned by him through an employment during the period of absence from duty,
i.e., from the date of dismissal, removal or compulsory retirement to the date of
reinstatement.
[FR 54-A(4) and (5).]

18. Comment on the following quoting rules in support of your answer:-

(a) A Government servant suspected of misappropriation of Government

stores was placed under suspension with effect from 1-7-2002. The enquiry
against him was concluded on 1-4-2003, on which date the competent pushing
authority passed orders removing him from service and that as the enquiry had
been prolonged for reasons directly attributable to the suspended Government
servant he should not be paid any Subsistence Allowance from 2003. It was also
proposed that a compassionate allowance equal to what would be admissible to
him if he had retired on medical certificate should be paid to him.

(b) A Government servant who was suspended pending enquiry into alleged
misconduct was subsequently reinstated. Though the suspension was not held
wholly unjustified, the reinstating authority directed that the Government
servant should be allowed full pay for the period of suspension and the period
should be treated as duty.

( c) A Government servant is detained under Public Safety Act and is

subsequently released without a trial. The Competent Authority sanctions 75 per
cent of the pay and allowances to be drawn for the period of detention.

(d) The Head of an Office orders recovery of Rs.750 on account of

overpayment of pay and Rs.150 on account of recovery of GPF advance from the
subsistence grant of Rs.1,600 payable to an official under suspension.

SAT 30
(e) The Competent Authority refused to pay Subsistence Allowance to a
Government servant under suspension as the charge against him was grave.

(f) An official of your office under suspension represents that he may be

allowed to change his headquarters.

(g) Audit objects to the continuance of rent-free accommodation during the

period of suspension of an official entitled to such accommodation.

(h) A Superintendent of Post Offices placed ‘X’ a Postal Clerk, under

suspension from a-12-2002 and allowed him Subsistence Allowance equal to full
pay for 3 months from 1-12-2002 to 28-2-2003, by debiting his earned leave
account and thereafter at half pay by debiting his half pay leave account.

(I) A Sub-Postmaster in Mumbai city, who was enjoying the concession of

license fee-free quarters, was suspended pending departmental enquiry, During
the period of suspension, he had to vacate the house since it was specifically
attached to the post to which another person was appointed in the meanwhile. It
was proposed to grant HRA during the suspension period on the ground that all
employees in Mumbai are entitled to HRA unless Government quarters are
allotted to them.

(j) A Government servant, who was suspended pending enquiry into certain
alleged misconduct, was subsequently reinstated. The suspension was not held
wholly unjustified. The reinstating authority directed that the Government
servant should be allowed full pay and allowances for the period of suspension
and that it should be treated as duty.
(k) An official under suspension and in receipt of Subsistence Allowance
requested the Head of the Office not to deduct monthly contribution to GPF as
well as recovery of installment towards GPF advance taken from GPF balance as
it would cause hardship to him. The Head of Office while agreeing not to deduct
installment of GPF advance rejected the other request on the plea that minimum
rate has to be deducted under the rules.

(l) A Government servant was placed under suspension and on conclusion of

the disciplinary proceedings; the Disciplinary Authority imposed the punishment
of postponement of his next increment for a period of three years without having
the effect of postponing his future increments. The Competent Authority ordered
that the period of suspension shall be treated as non-duty for all purposes with
pay and allowances restricted to the Subsistence Allowance already paid to him.

(m) A Government servant under suspension died before the disciplinary

proceedings instituted against him were concluded. The authority passed orders
(i) that the period from the date of suspension up to the date of death be treated
as duty and his family paid full pay and allowances subject to adjustment of
Subsistence Allowance already paid and (ii) that the other retirement benefits
such as family pension, death gratuity, encashment of leave. Etc. paid as
admissible under the rules.

SAT 31
(n) On reinstatement, full pay and allowances are allowed to a Government
servant for the period of suspension on the ground that the disciplinary
proceedings ended in the imposition of a minor penalty of ‘censure’ only.

(o) As a result of review, the Appointing Authority reduced the amount of

Subsistence Allowance by 60% as the Government servant was not co-operating
with the Inquiry and the delay was directly attributable to him.

(p) A Government servant under suspension was allowed Subsistence

Allowance equal to the pay drawn immediately before suspension to avoid
hardship by the Competent Authority.

Ans. (a)1. It is obligatory that the Competent Authority should, in sufficient time
before the expiry of the first three months of suspension review the case and pass
specific orders regarding the reduction or increase in the Subsistence Allowance
effective after the expiry of three months. This has not been done.

2. While the Competent Authority is empowered under FR 53 to increase or

decrees the Subsistence allowance up to 50% thereof after three months, it has no
power to deny the grant of Subsistence Allowance. Withholding of the allowance is
knot in order.

3. Compassionate Allowance is limited to two-thirds of compensation pension

subject to a minimum of Rs.1,275 p.m. The grant of full invalid pension in this case is
irregular.
[FR 53, Rule 41, CCS(Pension)Rules.]

(b) Under FR 54-B(7), the period may be treated as duty. As the suspension
has not been held wholly unjustified, the intention of FR 54-B (5) is that, there should
be some reduction in the pay and allowances even though it is nominal. Hence the
grant of full play for the period of suspension is not in order.

(c) If the detention is held by the Competent Authority to be wholly not

justified he is entitled to full pay and allowance for the period of the detention during
which he should be considered as on duty. It otherwise, the action of the authority in
sanctioning 75% of the pay and allowances is in order, provided it is done after giving
the official an opportunity to make his representation land after considering the
representation, if any, submitted by him.
[AI(1) below RF 54-B]

(d) Recovery from Subsistence Allowance towards GPF advance should

not be made except with the Government servant’s written consent. As regards
recovery of overpayment, there is no bar to effect the same from the Subsistence
allowance; but such recovery fro Subsistence allowance should not ordinarily be
made at a rate greater than one-third of the amount of Subsistence allowance,. As such
the recovery of Rs.750 out of the allowance of Rs.1,600 is not in order.
[GIO(5)below FR 53]

SAT 32
 (e) The Competent Authority cannot refuse to pay any subsistence
allowance to the suspended official, as the Government servant under suspension is
entitled to the Subsistence Allowance at the rates laid down in FR 53.

(f) The Competent Authority, if it is satisfied that change of the

headquarters of the Government servant under suspension will not put the
Government to any extra expenditure like grant of T.A. etc., or other complications,
may grant the request.
(g) The rent-free concession ceases from the date of suspension. The audit
objection is in order.
[GIO (6) below FR 53]

(h) The action of the Superintendent is not in order. Subsistence allowance

should be regulated in accordance with the provisions of FR 53, The period of
suspension cannot be debited to the leave account, vide FR 55.

(i) The proposal is in order vide GIO (6) below FR 53.

(j) The payment of full pay and allowances for the period of suspension will
be admissible only in cases where the suspension is held wholly unjustified. The order
of the reinstating authority granting him full pay and allowances is not in order.
However, the order of the reinstating authority to treat the period of suspension as
‘duty’ is in order.
[FR.54-B]

(k) Subscription to GPF should not be recovered from Subsistence Allowance

paid to a Government servant while under suspension vide GIO(5)k,
below FR 53, Swamy’s Compilation of FR & SR. The action of the Head
of the Office is not in order.

(l) where departmental proceedings against a suspended employee end with

the imposition of a in or penalty, the suspension should be held as wholly unjustified
in terms of FR 54-B and the employee concerned should be paid full pay and
allowances for the period of suspension and the period of suspension should be
treated as duty for all purposes vide GI, AI (3) below FR 54-B of Swamy’s
Compilation of FR & SR. Withholding of increments of pay falls under the category
of ‘minor penalties’ vide Rule 11, CCS(CCS) Rules, 1965. The action of the
Competent Authority is not in order.

(m) The action of the Competent authority is in order vide FR 54-B(2).

(n) The action is in order vide GI, AI (3) below FR 54-B.

(o) Under FR 53 (1), the Subsistence Allowance for any period subsequent to
the period of first three months can be reduced by a suitable amount, not exceeding
50% of the Subsistence Allowance admissible during the first three months, if the
delay was directly attributable to the Government servant. The action of the
Appointing Authority is, therefore, not in order.

(p) A Government servant under suspension is entitled to a Subsistence

Allowance equal to leave salary admissible if he had been on half pay leave. This is

SAT 33
subject to revision after three months. Drawl of Subsistence Allowance equal to the
full pay drawn immediately before suspension is not in order since the Competent
authority has no discretion for drawled a higher amount on any ground during the first
three months.
[FR 53.]

19. A Government servant dies while under suspension before the proceedings
are concluded. What arte the rules providing for treatment of the period of
suspension in such a case ?

Ans. If a Government servant dies while under suspension before the proceedings
instituted against him are conclude, the period between the date of suspension and the
date of death shall be treated as duty for all purposes and his family shall be paid the
full play and allowances for the period to which he would have been entitled had he
not been suspended, subject to adjustment in respect of Subsistence Allowance
already paid.
[FR 54-B (2).]

20. A Government servant was under detention in police custody and was
deemed to have been placed under suspension. It was found that he was detained
in Police custody erroneously or without basis and thereafter released without
launching any prosecution. State how the period of his suspension shall be
treated.

Ans: In such cases, the authority competent to reinstate the Government servant
should apply his mind at the time of revocation of the suspension and reinstatement of
the official land if he comes to the conclusion that the suspension was wholly
unjustified, full pay and allowances may be allowed to the official for the period of
suspension and the period treated as duty for all purposes, viz leave, pension,
increment, etc.
[Administrative Instruction (2) below FR-54-B]

21. What are the various circumstances in which suspension of a Government

servant comes to an end ? What are the consequence in each case on the pay and
allowances for, and treatment of the suspension period ?
Ans. The suspension of a Government servant comes to an end in the following
circumstances:-
(i) On the death of the Government servant under suspension.
(ii) On reinstatement after conclusion of the disciplinary or Court proceedings
instituted against him.
(iii) On the dismissal or removal or compulsory retirement.
(iv) On revocation of the suspension when the disciplinary proceedings against
him are still pending.

2. The following are the consequences on the pay and allowances and
treatment of the period of suspension in each of the above cases:-

SAT 34
 (i) If a Government servant under suspension dies before the disciplinary or
Court proceedings instituted against him are concluded, the period between the date
of suspension land the date of death shall be treated as duty for all purposes and his
family will be paid the full pay and allowances to which he would have been entitled
had he not been suspended subject to adjustment in respect of the Subsistence
Allowance already paid. [FR 54-B(2).]

(ii) If the Government servant is reinstated in service as a result of appeal or

review, the authority competent to order reinstatement of the Government servant
conceded, should issue specific orders regarding (a) the pay and allowances to be
allowed to the Government servant for the period of suspension as well as for the
period from the date of his dismissal or removal or compulsory retirement, as the case
may be, (b0 whether the said period s shall be treated as periods spent on duty,. If the
Government servant has been fully exonerated or if the suspension is found wholly
unjustified, or if the Government servant under suspension is reinstated in service
with minor penalty, the said periods shall be treated as duty for all purposes and he
shall be paid the full pay and allowances to which he would have been entitled had he
not been suspended, dismissed or removed or compulsorily retired. If, however, the
Competent Authority feel that the proceedings instituted against him had been
delayed due to reasons directly attributable to the Government servant he may allow
only a proportion(not full) of the full pay and allowances for the said period, after
giving him an opportunity to represent against the quantum and after considering his
representation, if any. If the Government servant is not fully exonerate, then the
Competent Authority shall decide as to what purposes the said periods will count as
duty and issue orders accordingly. In regard to pay and allowances for the said
periods, the Competent Authority may allow a proportion of full pay and
allowances(in no case full pay and allowances) after giving to the Government servant
an opportunity to represent against the quantum of pay and allowances proposed to be
allowed for the said periods and after considering his representation, if any.

(iii) If the Government servant under suspension is dismissed or removed or

compulsorily retired from service on the conclusion of the proceedings and is not
subsequently reinstated in service on appeal or review there is no question of
regularization of the period of suspension. The Government servant will be left with
what he got as Subsistence Allowance.
(iv) Where suspension is revoked pending finalization of the disciplinary or court
proceedings, the Competent Authority may pass appropriate orders in regard to pay
and allowances for the period of suspension and also treatment of the period of
suspension as duty for any specific purpose. Such orders will only be provisional and
on conclusion of the proceedings. The Competent Authority on its own motion review
the case and pass appropriate orders taking into account the outcomes of the
proceedings. [FR 54-B (6)]
22. A Government servant entitled to and occupying accommodation free faience
fee is suspended. Under what circumstances can he retain the accommodation
during the period of suspension ?

Ans. Circumstances under which a suspended Government servant (who is entitled to

and occupying accommodation free of license fee) can retain the accommodation
during the period of suspension –

SAT 35
 1. The concession of license fee-free accommodation will cease from the date
of suspension.
2. He can retain the accommodation unless the accommodation is specifically
attached to any particular post. However, from the date of suspension,
license fee will be recovered on the assumption that he was not in
occupation of accommodation free of licence fee.
3. If, subsequently he is allowed for the period of suspension full pay and
allowances, licence fee if recovered for the period of suspension. will be
refunded to him.
4. If the period of suspension is treated as one spent on leave, he will be
refunded that licence free charged for 1st month only. The difference
between the licence fee recovered on the basis of subsistence grant and the
usual licence fee due will be recovered in respect of period exceeding one
month.
[GIO (6), FR 53]

23. Can the benefit of option under FR 23 be given to a Government servant

under suspension in case of revision of scale of pay ? Describe the manner in
which such cases would be regulated.

Ans. If the revised scale of pay takes effect from a date prior to the date of
suspension, the Government servant concerned will be allowed to exercise option
under FR 23. He will be entitled to the benefit of increase in pay, if any, in respect o
the duty period before suspension and also in Subsistence allowance, for the period of
suspension as a result of such option.

If revised scale of pay takes effect fro the date failing with in the period of
suspension, the Government servant who retain s lien on his substantive post will be
allowed the option under FR 23. The benefit of option will practically accrue to him
in respect of the period of suspension only after his reinstatement, depending on the
fact whether the period of suspension is treated as duty or not.

A Government servant who does not retain a lien on a post may be allowed to
exercise the oopti9on only on his reinstatement, provided the period of suspension in
treated as duty. In such cases, the time-limit prescribed for such option ay be relaxed.
[GIO (2) below FR 53]
Retirement
1. Indicate briefly the date of retirement of Government servants of
different categories.

Ans. : From 13-5-1998, the age of retirement is 60 years for all Government
servants. A Government servant whose date of birth is the first of a month
shall retire from service on the afternoon of the last day of the preceding
month on attaining the age of 60 years.
[FR 56]

SAT 36
2. What provisions have been made in the rules for the retirement of
officials without resorting to any disciplinary proceedings before they
attain the age up to which they can normally serve ?

Ans : The power to order premature retirement of Government servants is

available under the following provisions :-
(1) Under FR 56(i) whereby certain categories of Government
servants can be retired on attaining a prescribed age (50 or 55)
by a notice of not less than 3 months or on payment of three
months’ pay and allowances in lieu thereof.
(2) Under Rule 48(1) of CCS (Pension) Rules, 1972, whereby
Government servants who have completed 30 years of
qualifying service can be retired by a notice of not less than 3
months or on payment of 3 months’ pay and allowance in lieu
thereof.
The position in respect of the various categories of Government servants is as
follows :-

Category of GS Under FR Under CCS (P)

Rules
Groups “A” and “B” (Entry in service
Before attaining 35 years) ----- After age 50 After 30 yrs. Qs
Group “A” and “B” - Other cases After age 55 After 30 ,,
Group “C” - -------- After age 55 After 30 ,,
Group “D” - -------- After age 55 After 30 ,,

In respect of Group “C” Government servants not governed by any

Pension Rules, retirement after 30 years’ service is available under FR$ 56(l).

(3) Under Rule 2 of CCS (Medical Examination) Rules, 1957, if the

Competent Authority has reason to believe that a Government
servant is suffering from (a) a contagious disease, or (b) a
physical or mental disability which in its opinion interferes with
the efficient discharge of his duties, he may direct the
Government servant to undergo a medical examination and on
the basis of the opinion expressed by the Medical Authority, the
Government servant may be retired from service.

3. A Government servant under suspension pending departmental

proceeding becomes due for superannuation. What is the procedure to
be adopted in such a case ?

Ans: A Government servant under suspension shall be retired from service

on the date of attaining the age of superannuation. During the period
commencing from the date of retirements to the date on which the inquiry into
the charge is concluded and final orders are passed by the Competent
Authority, he shall be paid a provisional pension not exceeding the maximum
pension to which he would be entitled based on his qualifying service
reckoned up to the date on which he was placed under suspension. This is
mandatory. No gratuity shall be paid to him until the proceedings are finalized.

SAT 37
If the departmental proceeding instituted is for imposing minor penalty, the
gratuity should not be withheld.
[Rule 69 of CCS (Pension) Rules.]

4. Comment on the following :-

(a) While under suspension, pending an enquiry, a Government

servant attains the age of superannuation and there are no public grounds to
keep him in service beyond the date of superannuation. It is proposed to treat
the period between the date of his superannuation and the date of completion
of the enquiry as extraordinary leave.

(b) A permanent Group “C” official who has completed the age of 55
years requests his Appropriate Authority in writing to permit him to retire under
FR 56(k) immediately. The Appropriate Authority grants his request and asks
him to pay to Government a lump amount equal to his pay and allowances for
three months’ in lieu of the period of notice.

(c) A Group “A” Officer who gave three months notice for voluntary
retirement after completion of 30 years of qualifying service has decided to
retire before the expiry of three months and was agreed to by the Appointing
Authority.

(d) A Government servant under suspension seeks voluntary

retirement.

Ans : (a) On the afternoon of the last date of the month in which the
Government servant attains the age of superannuation, he shall be retired
and provisional pension granted under Rule 69 of CCS (Pension) Rules,
1972. The treatment of the period between the date of superannuation and
the date of completion of the enquiry as extraordinary leave is irregular.
[FR 56(a); Rule 69, CCS (Pension) Rules]

(b) Under FR 56 (k), the Government servant may retire from

service by giving notice of not less than three months in writing to the
Appointing Authority. He may make a request to the Appointing Authority to
accept notice of less than three months giving reasons therefore. The
Appointing Authority, if satisfies, may relax the requirement of notice of three
months on the condition that the Government servant shall not apply for
commutation of a part of his pension before the expiry of the period of notice
of three months. Though FR 56(j) provides for the Appointing Authority to
retire a Government servant who has attained the age of 50/55 years
immediately by payment of pay and allowances for three months’ in lieu of the
period of three months notice, there is no such option available to the
Government servant under FR 56(k). The action of the Appointing Authority,
is, therefore, not in order.
(c) The case is covered under Rule 48, CCS (Pension) Rules,
1972. The Appointing Authority is competent to accept a notice period of less
than three months on the condition that the Government servant shall not

SAT 38
apply for commutation of a part of his pension before the expiry of the period
of notice of three months.
(d) The Appointing Authority can withhold permission to a
Government servant under suspension to retire voluntarily.
[Proviso to Rule 48, CCS (Pension) Rules.]
5 Discuss the provisions available in the rules for a Government
servant to retire from Government service before attaining the age of
superannuation and to get all the pensionary benefits.
Ans : The following provisions are available in the rules under which a
Government servant can retire from Government service before attaining the
age of superannuation and get all retirement benefits :-
(i) Under the provision of FR 56(k), a Government servant after he has
attained the age of 55 years (50 years in the case of Groups “A” and
“B” Government servants who entered service before attaining the age
of 35 years) may retire from service voluntarily by giving notice of not
less than three months to the Appointing Authority with weightage in
qualifying service for pensionary benefits up to a maximum of five
years subject to certain restrictions. He may also make a request to the
Appointing Authority to accept notice of less than three months and the
Appointing Authority, if satisfied, may grant the request on the condition
that he shall not apply for commutation of a part of his pension before
the expiry of the period of notice of three months.
(ii) Under the provisions of Rule 48 of CCS (Pension) Rules, 1972, a
Government servant who has completed 30 years of qualifying service
may retire from service with weightage in qualifying service for
pensionary benefits, by giving a notice in writing of not less than three
months to the Appointing Authority. The Government servant, if
necessary, may also request the Appointing Authority to accept notice
of less than three months and the Appointing Authority may relax the
requirement of three months on the condition that the Government
servant shall not apply for commutation of a part of his pension before
the expiry of the period of three months. Similarly under FR 56(m), a
Group “C” Government servant who is not governed by any pension
rules may retire from service after completion of 30 years of service by
giving a notice of not less than three months to the Appointing
Authority. The period of notice under FR 56(m) cannot be relaxed by
any authority except the President.

(iii) Under the provisions of Rule 38 of CCS(Pension) Rules, 1972, a

Government servant who is permanently incapacitated on account of
any bodily or mental infirmity may retire from service after submitting a
medical certificate to incapacity from the competent Medical
Authority/Board.

(iv) Under the provisions of Rule 48-A of CCS (Pension)Rules (i.e.

voluntary retirement scheme), a Government servant (whether
temporary or permanent) who has put in not less than 20 years of

SAT 39
 qualifying service (20 years continuous service in the case of
temporary Government servants) may retire voluntarily with weightage
in qualifying service for pensionery benefits by giving notice of not less
than three months in writing to the Appointing Authority. At the request
of the Government servant, the Appointing Authority may accept notice
of less than three months on the condition that the Government servant
shall not apply for commutation of his pension before the expiry of the
period of three months. The Government does not have the reciprocal
right to retire a Government servant on its own under this rule. The
notice of voluntary retirement given under this rule by a Government
servant will require the acceptance of the Appointing Authority.
Government servant who retires voluntarily under the provisions of
either Rule 48(1) (a) or 48-A of CCS(Pension) Rules, or FR 56(k)
before attaining the age of superannuation will be eligible for the grant
of weightage in qualifying service for the purpose of pension and
retirement gratuity up to a maximum of five years subject to the
condition that the total qualifying service including the weightage does
not exceed 33 years and the period of weightage does not take him
beyond the date of superannuation.
[Rule 48-B, CCS (Pension) Rules]

6. It is decided to retire a Government servant from service by

payment of 3 months’ pay and allowances in lieu of the period of notice
under FR 56(j). How should the payment of pay and allowances in lieu of
notice period and pension be regulated ?

Ans: 1. The pay and allowances for the period of notice shall be
computed at the same rates at which they were drawn by the Government
servant concerned immediately before retirement and increment falling due
after the date of retirement will not be taken into account.

2. The Government servants is entitled for the payment of HRA

and CCA for the ‘notice period’ at the rates at which they were drawn by him
immediately before retirement.
3. The Government servant would stand retired immediately on
payment of three months’ pay and allowances in lieu of notice and will be
entitled to pension from the date of retirement. In other words, the payment of
3 months’ pay and allowance in lieu of notice period would be in addition to
pension for that period and that period will not be reckoned as qualifying
service for pension.
4. The pay and allowances for 3 months’ in lieu of the period of
notice, should be paid to the Government servant in lump simultaneously with
the issue of the order of retirement.
[ GID (5), Appx.9, Swamy’s Pension Compilation.]

SAT 40
7. A Group ‘C’ Government servant who has completed 55 years of
age gave three months’ notice of his intention to retire from service
under FR 56 (k), to the Appointing Authority. The Appointing Authority
refused to grant him permission to retire on the ground that the
Government servant was not good in his work. Comment.
Ans. A Government servant giving notice of retirement under FR 56 (k)
exercises his sight guaranteed by statutory rules. He stands retired on the
expiry of the notice period and the grant or refusal of permission by
Appointing Authority does not arise4. However, it is open to the Appointing
Authority to withhold permission to a Government servant under suspension
who seeks to retire under FR 56 (k). In the instant case, the Government
servant is not under suspension and the action of the Appointing Authority is
not in order.
[ FR 56 (k)]
8. Describe the procedure for payment of ‘Notice Period Pay and
Allowances’ on retirement under FR 56 (j).
Ans: The following procedure has been prescribed for payment of ‘notice
period pay and allowances’ in cases where it is decided to retire a
Government servant by payment of three months’ pay and allowances in lieu
of giving him notice of three months for retirement under the provision of FR
56(j) or FR 56 (l) or Rule 48 of CCS (Pension) Rules, 1972.
(i) The amount to be paid to the Government servant should be
computed on the basis of (a) pay and allow3ances which he is
receiving at the time of retirement, less (b) statutory deductions
like income tax. All other dues outstanding against the
Government servant such as HBA., Conveyance Advance,
House Rent, T.A. Advance, CGHS Contribution, etc., may be left
to be recovered from the Retireme4nt Gratuity payable under
CCS (Pension) Rules, 1972.
(ii) The Competent Authority may authorize the Drawing and
Disbursing Officer to draw a special advance from the PAO of
the net amount payable to the Government servant. It will not be
necessary to mention the name(s) of the Government servant(s)
to be so retired in the sanction issued by the Competent
Authority authorizing the Drawing and Disbursing Officer to draw
the special advance.
(iii) The Drawing and Disbursing Officer may draw the special
advance on a bill in the for4m of a simple receipt, similar to
Form T.R. 42. A signed copy of the sanction should be enclosed
with the bill to be submitted to the PAO.
(iv) The special advance may be adjusted under Major Head “8550
Civil Advances-103-Other Departmental Advances – Special
Advances”. An adjustment bill will thereafter be sent to the
Accounts Officer concerned along with the acquaintance of the
Government servant(s) concerned, together with the charge
report(s), if any, for the adjustment of the advance to the final
report(s), if any, for the adjustment of the advance to the final
Head of Account.
[ GID (5), Appx. 9, Swamy’s Pension Compilation. ]

SAT 41
9. Can a Government servant 3who is on extension of service after
the prescribed date of retirement should not be promoted to a higher
post ?

Ans. A Government servant who is on extension of service after the

prescribed date of retirement should not be promoted to another post.
[ Note 5, FR 56. ]

10. Can the date of birth of a Government servant once recorded in

the Service Book be altered ? If so, in what circumstances and what is
the procedure thereof ?

Ans. The date of birth of a Government servant once recorded in the

Service Book can be altered with the sanction of a Ministry or Department of
the Central Government or the Comptroller and Auditor- General in regard to
person serving in the IAAD, or an Administrator of a Union Territory under
which the Government servant is serving if –

(a) A request in this regard is made within five years of his entry into
Government service;
(b) It is clearly established that a genuine mistake has occurred, and

(c) The date of birth so altered would not make him ineligible to appear in
any school or University or UPSC examination in which he has
appeared or for entry into Government service or the date on which he
first appeared at such examination or on the date on which he entered
Government service.
[ Note 6. FR 56. ]

11. A Government servant who was retired prematurely under the

provisions of FR 56(j) was subsequently reinstated in service. How will
the period from the date of premature retirement to the date of
reinstatement be regularized, if –

(a) the reinstatement in service is ordered by the Competent

Authority on a review of his case?

(b) the order of premature retirement is set aside by a Court of

Law ?

Ans. (a) The authority ordering reinstatement may regulate the intervening
period between the date of premature retirement and the date of
reinstatement by the grant of leave of the kind due and admissible including

SAT 42
extraordinary leave, or by treating it as dies non depending upon the facts and
circumstances of the case. If it is specifically held by the authority ordering
reinstatement that the premature retirement was itself not justified in the
circumstances of the case, the4 intervening period shall be treated as a
period spent on duty for all purposes including pay and allowances.
(b) If the order of premature retirement is set aside by a Court of law,
the intervening period betwe4en the date of premature retirement and the
date of reinstatement shall be treated as a period spent on duty for all
purposes including pay and allowances. If however, the Court gives any
specific directions in regard to regulation of the intervening period shall be
regulated in accordance with the directions of the Court.
[ FR 56 (jj). ]

7. Foreign Service
1. Distinguish between ‘foreign service out of India’ and ‘deputation
out of India’.

Ans. Foreign service out of India means the service of a Government

servant out of India, during which he draws his pay from a source other than
the Consolidated Fund of India or a State, or a Union Territory, eg., a member
of t the Telecommunication Board placed at the disposal of the United
Nations Secretariat. Deputation out of India means sending a Government
servant temporarily out of India for Government duty either in connection with
the post held by him in India or in connection with any special duty on which
he may temporarily be placed, e.g., deputing an Officer of the Postal

SAT 43
Directorate to represent the Indian Postal Administration, he continues to
draw his pay and allowances from the Postal Department.
[ FRs 9 (7) & 51.]

2. Define ‘ foreign service’ Give in broad outline the main conditions

under which a Government servant can be transferred to such service.

Ans. Foreign service means service in which a Government servant

receives his pay with the sanction of Government, from any source other than
the Consolidated Fund of India or the Consolidated Fund of a State or the
Consolidated Fund of Union Territory.
[ FR 9 (7)]

The following are the main conditions regulating the transfer of a

Government servant to foreign service:-

(1) The Government servant should be willing. Exception: Transfer to

bodies owned or controlled by Government.-FR 1109(a)

(2) It should be sanctioned by the Competent Authority – FR 110 (b)

and GIO there under, and Para. 2 of Appx. 1.

(3) Duties in foreign service should be such as are required to be

performed by the Government servant.-FR 111(a).

(4) Terms should not be so excessive as to make foreign service more

attractive than Government Service.- Para 3 (b). Appx, 1.

(5) If foreign service involves duties and responsibilities of greater

importance, pay should be fixed with reference to such duties and
the status of the official. – Para. 3 b, Appx. 1.

(6) The intention to grant any concession of pecuniary value must be

specified in the terms of foreign service.- Para1, Appx.1.
(7) Joining time both ways and p-ay during the period should be settled
beforehand.- FR 114.

(8) T.A. both ways is payable by the foreign employer and should be
settled beforehand. – SR 307-A and GIO(1) below Appx. 1.

(9) Medical facilities available in Government service should be

extended while under foreign service also.- GIO (2) , Appx 1.

(10) No gratuity or pension should be received by the Government

servant from the foreign employer without the sanction of the
Government. – FR 121.

SAT 44
 (11) CCA and HRA should be paid at the rates admissible under the
rules of the Borrowing Authority ; but the Borrowing Authority
may at its discretion allow these4 allowances under the rules of
the Central Government.

(12) The cost of leave travel concession has to be met by the foreign
employer if provision for its admissibility has been incorp0orated
in the orders placing the Government servant on foreign service.

(13) The incumbent will be entitled to claim (i) CEA, (ii)

Reimbursement of Tuition Fees, in respect of his children from
the foreign employer.

(14) The whole expenditure in respect of any compensatory

allowance for the periods of leave in or at the end of foreign
service shall be borne by the foreign employer.

(15) Payment of the following contributions at prescribed rates must

be settled :-

(a) Contribution towards pension or contributory provident fund.

(b) Contribution towards leave salary.

[ FR 115. ]

3. What are the different kinds of contributions payable to the

lending authority when a Government servant is sent on foreign service
in India ? What is the rationale of these contributions ?

Ans. The following contributions must be paid to the lending authority while
a Government servant is on foreign service in India :-

(a) Contributions towards the cost of his pension.

(b) Contributions on account of the cost of leave salary.

These contributions must be paid by the Government servant himself,

unless the fore4ign employer consents to pay them. They are not payable
during leave taken by the Government servant while in foreign service.

2. The rationale of these contributions is –

(a) Pension Contributions.- The rates of contribution for pension are

based on the pensionary benefit admissible for an officer according to
the service or the grade to which he belongs. This contribution is
designed to secure to the Government servant the pension that he
would have earned if he had remained in service under Government
without being transferred to foreign service. The principle behind this is
that, Government undertakes the pension liability of Government
servants in lieu of service rendered to Government and as, in the case

SAT 45
 of foreign service, service is not rendered to Government but to a
foreign employer, the pension liability cannot be met unless a pension
contribution in the place of service to Government is recovered. This
contribution should be recovered whether the Government servant
transferred on foreign service is permanent or temporary.

(b) Leave Salary Contribution:- Leave is earned by a Government

servant by service under Government. In lieu of such service,
Government undertakes to pay him leave salary under the rules
applicable to him. Even though during foreign service, a Government
servant is getting pay and allowances from the foreign employer, the
leave salary in respect of leave earned service had been rendered
under the Government. A contribution towards meeting this liability is,
therefore, recovered in order to secure to the Government servant the
right to get leave salary under the rules applicable to him.
[ FR 115 & 117. ]

4 (a) When is it permissible to allow the transfer of a Government

servant on foreign service ?

(b) What are the rights of a Government servant deputed to foreign

service in respect of (i) increment, (ii) promotion, (iii) leave salary and
(iv) pension ?

Ans. (a) The transfer of a Government servant to foreign service is

permissible-

(i) if the duties to be performed after the transfer are such as

should, for public reasons, be rendered by a Government
servant, and
(ii) if he holds, at the time of transfer a post paid from general
revenues or holds a lien on such post.
[ FR 111. ]

(b) A Government servant on foreign service possesses the

following rights in respect of increment, promotion, etc :-

(i) Increment – Foreign service counts for increment in the time-

scale applicable to-
a) the post in Government service on which the Government
servant concerned holds a lien as well as the post or posts, if
any, on which he would hold a lien had his lien not been
suspended;
b) the post in Government service in which the Government
servant was officiating immediately before his transfer to foreign
service for so long as he would have continued to officiate din
that post or a post or a post don the same time-scale but for his
going on foreign service;

SAT 46
 c) any post in the parent cadre on a lower scale of pay to
which the Government servant is appointed on reversion from the
ex cadre post subject to the fulfillment of the conditions
mentioned in proviso (I) (iii) to FR 22.
[ FR 26 (d)]

(ii) Promotion :- A Government servant on foreign service may be

given promotion in the cadre or cadres in which he was included
before his transfer, as the authority competent to order promotion
may decide. He may also be given pro forma promotion in
Government service as may be decided by the authority who
would have been competent to grant the promotion, had he
remained in Government service. In giving promotion, such
authority shall also take into account the nature of the work
performed in foreign service. The principle of “ One for One”
under the Next Below Rule of FR 22 will apply.
(iii) Leave Salary:- A Government servant on foreign service in India
will be granted leave salary in accordance with the rules
applicable to his service under the Government. But if the foreign
service is out of India, when no leave contribution is recovered,
he may be granted leave and leave salary according to the terms
of the employer and the leave will not be debited against his
leave account.
[ FRs 122 & 123 (a)]

(iv) Pension – Foreign service counts as qualifying service for

pension.

5. State the different kinds of contributions which are payable on

account of foreign service and the circumstances in which they are
payable. Is the Government servant or the foreign employer responsible
for the payment of the contribution? Which of these contributions are
payable during leave ?

Ans. (1) While a Government servant is on foreign service din India,

contribution towards cost of his pension and leave salary must be paid to
Government.

(2) If he on foreign service out of India, only pension contribution is

ordinarily payable. In special circumstances, the authority sanctioning a
transfer to foreign service out of India can order recovery of leave salary
contribution in addition.

(3) Unless the foreign employer consents to pay the contributions,

the Government servant is himself responsible for the payment of pension
contribution and also for leave salary contribution dif the foreign service is in
India. The employer is, however, responsible for the payment of leave salary
contribution if the foreign service is out of India and arrangements are to be
made for the payment of such contribution.

SAT 47
 (4) If the Government servant is entitled to the privilege of
contributing towards the Contributory Provident Fund, contribution towards
the Government’s liability for the contribution payable is also recovered from
the foreign employer.

(5) Notice of the above contributions is payable during leave.

[ FR 115.]

6. What special provisions have been made for employees on

foreign service with recognized Associations/ Unions ?

Ans. 1. The payment of pension contribution to Government in respect of

serving Government servants on foreign service with the re cognized
Associations/Unions/Federations has been waived with the result no
contribution towards pension is recoverable in their cases. This concession is
admissible only in respect of not more than two serving employees at a time
on foreign service with such Association/Union/Federation.

2. The contribution on account of leave salary payable to Government

in respect of such Government servants on foreign service with the
recognized Associations/Unions/Federations may also be waived subject to
the following conditions;-

(i) The Association/Union/Federation should agree to bear the leave

salary of the concerned employees in respect of leave earn during
the period of service with the Association/Union/Federation.

(ii) The employees concerned should agree to forgo their claim for
leave from Government in respect of their service with the
Union/Association/Federation.

(iii) The leave of these employees during the period of foreign service
will be regulated under the rules of such
Association/Union/Federation.

(iv) The leave salary for the period of leave granted by the
Associations/Unions/Federations shall also be paid by such
bodies and the leave will not debited against the employee’s leave
account.
(v) Unspent balance of leave earned during foreign service with such
Associations, etc., will lapse on reversion of the employees from
foreign service and the period of foreign service shall not count for
any kind of leave under the Government.
[ GIO (1) below FR 115. ]

7. Can a Government servant on foreign service elect to withhold

pension and leave salary contributions and be allowed to forfeit the
right to count as duty under Government the period of foreign service ?

SAT 48
Ans. A Government servant on foreign service may not elect to withhold
contributions and to forfeit the right to count as duty in Government service
the time spent in foreign employ. The contribution paid on his behalf
maintains his claim to pension, or to pension and leave salary, as the case
may be, in accordance with the rules of the service of which he is a member,
vide FR 120.
The only exception to this rule is the case of Government servants who
are deputed on foreign service, for a period of five years or more, to the
United Nations Secretariat or other United Nations Bodies, the International
Monetary Fund, the International Bank of Reconstruction and Development,
the Asian Development Bank or the Commonwealth Secretariat. Such
Government servants have the option to avail of the retirement benefits
admissible under the rules of these organizations concerned in which case no
pension contribution is payable to the Government and the period of such
foreign service shall not also count as qualifying service for purposes of
pension from the Government, vide Rule 31, CCS (Pension) Rules, 1972.

8. What are the different kinds of contributions payable when a

Government servant is lent on foreign service in India ? How are they
calculated if he is a temporary Government servant ?

Ans. The following contributions are payable to the Government when a

Government servant is lent on foreign service in India:-

(i) Contributions towards leave salary.

(ii) Contributions towards pension.

In the case of temporary Government servants, the contributions are

recoverable in the same manner as for permanent Government servants.
[ GIO (1) below FR 116. ]

Leave salary contribution is recovered at a fixed percentage of pay

actually drawn by the Government servant while on foreign service, Pension
contribution is based on the length of service and the maximum of the pay of
the post held by the officer at the time of proceeding on foreign service or to
which he may receive pro forma promotion while on foreign service. If any of
these contributions are payable by the Government servant himself, leave
salary contributions will be calculated on the basis of net pay drawn in foreign
service after deducting the contributions.
[ Appx. 2, Swamy’s FR and SR, Part-I. ]

9. State the rule governing t the payment of contributions for leave

salary and pension in respect of a Government servant on foreign
service.

Ans. Contributions for leave salary and pension due in respect of a

Government servant on foreign service should be paid annually within fifteen
days from the end of the financial year or at the end of the foreign service if
the deputation on foreign service expires before the end of a financial year. If

SAT 49
the payment is not made within the said period, interest must be paid to
Government on the unpaid contributions at the rate of two paisa per day per
Rs. 100 from the date of expiry of the period aforesaid up to the date on which
the contributions are finally paid. Payment of interest may, however, be
waive4d by the President.

2. The leave salary and pension contributions should be paid

separately as they are creditable to different Heads of Accounts and no dues
recoverable from Government should be set off against these contributions.

[ SR 307]

10. What are the rules for effecting recoveries when an addition is
made to a regular establishment on the condition that its cost shall be
recovered from the persons for whose benefit it is made ?

Ans. When an addition is made to a regular establishment on the condition

that its cost, or definite portion of its cost, shall be recovered from the person
for whose benefit the additional establishment is created, recoveries shall be
made under the following rules :-

(i) The amount to be recovered shall be the gross sanctioned cost

of the service e or of the portion of t the service, as the case
may be and shall not vary with the actual expenditure of any
month.
(ii) The cost recovery in respect of the posts of Peons, LDC, UDC,
Assistant and Section Officer shall b e effected on the basis of
actual cost ( inclusive of incidence of supporting staff, etc.) to be
derived by multiplying the ‘average average annual cost’ by the
prescribed co-efficient factor.
(iii) The cost of the service shall include contribution at such rates
as may be laid down under FR 116 and the contributions shall
be calculated on the sanctioned rate of pay of the members of
the establishment.
(iv) The Central Government may reduce the amount of recoveries
or may entirely forgo them.
[ FR 127 and GIO (3) thereunder.]

Note :- In respect of additional establishments created under FR 127,

leave contributions on average cost plus appropriate Dearness Allowance
admissible on the average cost should be recovered.

[ CAG’s Decision (2), FR 127. ]

11. Comment on the following :-

(1) An officer of the Postal Department is transferred on foreign

service to United Nations Organization out of India for a period of two years.
He gets a consolidated pay of 6,000 dollars per year and is allowed to take
one month’s leave each year during foreign service. The officer represents to

SAT 50
the Government of India that he should be exempted from paying leave salary
and pension contributions and that he is willing to have the period of foreign
service ignored for purposes of leave and pension.

(2) Under the leave rules of a Corporation to which an officer of the

Central Government is sent on foreign service, leave is earned at the rate of
1/9th of period spent on duty. It is proposed to regulate the leave due to the
officer while on foreign service under the rules of the Corporation. The
Corporation agrees to bear the leave salary in respect of leave earned under
it and suggests that the recovery of leave salary contribution should be
waived. It is proposed to accept the request of the Corporation on the ground
that his does not involve any extra cost to Government.

(3) A Gazetted Government servant is on foreign service with a

Public Section Undertaking. The Administration of the undertaking sanctions
the leave of the officer on the basis of eligibility calculated and certified by the
Chief Accounts Officer of the undertaking.
(4) A Government servant draw3ing Rs. 5,600 in the scale of Rs.
5,000-15-8,000 is on foreign service and the pension contribution is being
paid. He is given pro forma promotion to the next higher grade in the time-
scale of Rs. 6,500-200-10,500 in his parent Department. The foreign
employer refuses to pay higher pension contribution intimated by the Account
Officer.
(5) A public sector undertaking demanded the refund of leave
salary contribution paid by it on behalf of a P & T Officer on foreign service on
the ground that he did not actually earn any leave during foreign service, his
earned leave at credit having reached the maximum limit even prior to the
commencement of the foreign service.

(6) A Head of Department proposes not to recover leave salary and

pension contribution in respect of temporary employees sent on foreign
service in India on the plea that the concerned Government servants may not
qualify for pension eventually.

Ans. (1) The pension contribution is designed to secure to the Government

servant the pension that he would have earned if he had remained in service
under the Government without being transferred to foreign service. Under FR
120, the Government servant cannot be allowed to withhold the pension
contribution and to forfeit the right to count as duty in Government service the
period spent in foreign employ.

However, under Rule 31 of CCS ( Pension ) Rules, 1972, read with

GIO (1) below FR 121, a Government se4rvant deputed on foreign service, for
a period of three years or more, to the United Nations Secretariat or other
United Nations Bodies may, at his option, avail of the retirement benefits
admissible under the rules of those organizations and not count such service
as qualifying service for pension under Government Rules in which case no
contribution towards pension need be paid to the Government. In this case

SAT 51
the officer has been on deputation for a period of less than three years and
his request for exemption from payment of contribution towards pension is not
admissible.

The foreign service being out of India, leave salary contribution is not
payable as leave salary is normally payable by the foreign employer. It is
recovered only in special cases under arrangement with the foreign employer.
Hence there is no objection to withhold the leave salary contribution.

[ FRs 115 ( c) and 123 (a) and (b) and GIO (1) below FR 121. ]

(2) As per FR 122, a Government servant on foreign service in India

may not be granted leave otherwise than in accordance with the rules
applicable to the service of which he is a member. The Central Government
officer is governed by the CCS ( Leave ) Rules, 1972, only. Under FR 115 (b),
the contribution for leave salary must be paid. The proposal is, therefore, not
acceptable.

(4) The foreign employer will maintain a leave account of the

Government servant concerned. He may determine the leave admissible to
the Government servant and sanction it under intimation to the concerned
Head of Office and also make payment of leave salary. Thereafter the foreign
employer may claim half-yearly reimburse4ment of leave salary so paid, from
the Head of the Office. The action of the Public Sector Undertaking in
granting leave in this case is in order.

[ GIO (5), Appx 1, Swamy’s FR & SR. ]

(5) The pension contribution should be based on the maximum of

the ‘pay’ as defined in FR 9 (21)(a)(i) of the post held by a Government
servant at the time of his proceeding on foreign service or to which he may
receive pro forma promotion while on foreign service. The action of the foreign
employer is, therefore, not in order.
[ GIO (2) Appx. 2. Swamy’s FR & SR. ]

(6) Under FR 115, if the foreign service is in India contributions

must be paid to the Government either by the Government servant who is
placed on foreign service or by the foreign employer irrespective of whether
the Government servant earns leave while on foreign service or not. The
demand of the Public Sector Undertaking for the refund of the leave salary
contribution paid by it cannot be granted.
[ FRs 115, 120. ]

(7) In the case of temporary Government servants sent on foreign

service, leave salary and pension contributions, shall be recovered as in the
case of permanent Government servants- vide GIO (1) below FR 116,
Swamy’s Compilation of FR & SR. The proposal of the Head of the
Department is not in order.

SAT 52
12. How are the transit pay and T.A of a Government servant
transferred from one foreign employer to another without reverting to
Government service to be regulated ?

Ans. The transit pay and allowances and T.A in such a case should be borne
by the foreign employer to whom the employee proceeds on transfer.

[ GIO (6). Appx. 1. Swamy’s FR & SR. ]

13. State the procedure prescribed for the remittance of GPF

Contribution, CGEG Insurance Scheme Contribution, repayment of loans
and advances by a Government servant on foreign service outside India
?

Ans. A Government servant proceeding on foreign service out of India can

make standing arrangements with his local Bankers in India whereby the
Bankers would arrange to remit to the concerned Accounts Officers payments
out of non-resident Bank Account operated for this purpose in rupees on
account of monthly subscription to GPF , CGEGI Scheme, etc., and
repayment of loans and advances, if any, during the period of foreign service
out of India. After making arrangements for this, it would be the responsibility
of the Government servant to ensure that remittances in foreign currency to
cover these payments are arranged by him at l east once a year and he would
produce the requisite certificate about the remittances in foreign exchange to
cover these payments from t he non-resident account to the concerned
Accounts Officer. The exchange rate applicable will be the official accounting
rate at t he time actual remittances in foreign exchange are arranged by the
Government servant. [ GIO (3) below FR 115, Swamy’s FR & SR. ]

Fixation of Pay
1. Mention the different factors which determine the rate of pay
initially admissible to a Government servant on appointment to a post
on a time-scale of pay.

Ans. The important factors that determine the initial fixation of pay of a
Government servant on appointment to a post on a time-scale of pay are:-

(i) Whether the appointment is for the first time.

SAT 53
 (ii) Whether it is a case of re-employment of a pensioner.

(iii) Whether it is a case of appointment on promotion from one post to

another.

(iv) Whether the new post carries duties and responsibilities of greater
importance than those attaching to the old post.

(v) Whether the person has on previous occasion(s) officiated in an

identical or the same time-scale applicable to the new post before his
appointment to the new post.

2. Define ‘Time-scale’ pay and state how you will fix the initial pay of
a Government servant who is appointed to a post on a time-scale of
pay?

Ans. “Time-scale pay” may be defined as the pay which rises by periodical
increments from a minimum to a maximum.
I. If the appointment is being made for the first time . – The
initial pay will be fixed at the minimum of the time-scale of the post against
which the appointment is made.
[ FR 22 (1) (b). ]

II. Appointment/Transfer to another post not involving higher

responsibilities including non-functional selection grade.- When a
Government servant is appointed from one post to another where the
appointment to the new post will be fixed-

(a) At the stage in the time-scale of the new post, if any, equal to his pay in
the old post held on regular basis ; or
(b) If there is no such stage in the new post, at the stage in the new post
which is next above his pay in the old post held on regular basis;
(c) If the minimum of the time-scale of the new post is higher than his pay
in the old post held on regular basis, his pay will be fixed at that
minimum.
In the case of (a) above, the next increment in the new post will accrue
on the date on which he would have received an increment in the old post. In
the case of (b) and (c) above, the next increment will be due on completion of
the required period after which an increment is earned in the new post.
[ FR 22 (1)(a)(2).]

III. Promotion or appointment from one post to a higher post.-

In all cases where a Government servant is promoted or appointed to another
post carrying duties and responsibilities of greater importance than those
attached to the post held by him, fixation of his pay in the higher post is done
under FR 22 (1)(a)(1) with reference to pay drawn in the lower post held on
regular basis. Initial pay in the higher post is fixed at the stage in the time-
scale of the higher post next above his pay in the lower post notionally

SAT 54
increased by one increment at the stage at which such pay has accrued or
Rs. 100, whichever is more. Previous service in the new post will also be
counted by applying the proviso to FR 22(1). If pay drawn in the lower post is
the maximum of the scale, the notional pay will be arrived at by increasing
that pay be an amount equivalent to the last increment. The pay in the higher
scale is then fixed at the stage next above the notionally increased pay of the
lower post.

IV. Transfer to a lower scale at own request.- When the

appointment is made at the request of the Government servant to a lower post
on a lower time-scale of pay, his initial pay in the new post will be fixed as in
the case of Item II above, but if the maximum of the scale of pay of the new
post is less than his pay in the old post, his pay in the new post will be fixed
at that maximum.
[ FR 22(1)(a)(2) and (3). ]

3. How is the pay of a Government servant appointed to officiate in a

post fixed ?

Ans. The pay of a Government servant appointed to officiate in a post is fixed

in the following manner:-

(a) If the appointment is to a post carrying duties and responsibilities

of greater importance than those attaching to the post held by the
Government servant, the pay of the Government servant in the
new post is fixed under FR 22(1)(a)(1), i.e, the pay drawn in the
lower post on regular basis is first increased notionally by one
increment or Rs. 100, whichever is more and the pay in the new
post is fixed at a stage next above the notionally increased pay of
the lower post.

(b) If the appointment is to a post which does not carry duties and
responsibilities of greater importance than those4 attaching to the
post held by the Government servant, his pay in the new post will
be fixed in the following manner:-

(i) If there is a stage in the time-scale of the new post equal to the pay
drawn in the old post held on regular basis, his pay will be fixed at
that stage and he will draw his next increment on the date on which
he would have received an increment in the old post.
(ii) If there is no such equal stage in the time-scale of the new post,
his pay in the new post will b e fixed at the stage which is next
above his pay in the new post will be fixed at the stage which is
next above his pay in the old post held on regular basis and he will
draw his next increment in the new post after completion of the
period required for earning an increment in that post.
(iii) If the minimum of the scale of the new post is higher than his pay
in the old post held by him regularly, his pay will be fixed at that
minimum.

SAT 55
 The initial pay on appointment to non-functional selection grade post
will also be fixed in the above manner.
[ FR 22(1)(a)(2).]

2. How is the initial substantive pay of a Government servant

appointed substantively to a permanent post on a time-scale of pay
(other than a tenure post) regulated –

(i) When the appointment to the new post does not involve
assumptions of higher responsibilities; and
(ii) When the appointment to the new post involves the assumption
of higher responsibilities ?

Ans. See answer to Q 2. ( Item II and III ).

5. How is the Stagnation Increment granted to a Government servant

treated for the purpose of fixation of pay-

(a) if he is appointed to a post carrying duties and responsibilities of

greater importance than those attaching to the post held by him
?
(b) if he is appointed to a post which does not involve such
assumption of duties and responsibilities of greater importance ?

Ans. Stagnation Increment is treated as normal increment for all purposes

and will be taken into account for fixation of pay in both the above cases.

[ GIO (32) below FR 22. ]

6. Bring out how the pay of an officer promoted to a higher ex cadre

post and on reversion there from to a still higher post is fixed.?

Ans. The pay of an officer on promotion to a higher ex cadre post, like a

higher post in the parent cadre, is fixed under FR 22 (1)(a)(1), provided that
the Government servant is entitled to draw pay in the scale of pay attached to
the higher ex cadre post, in accordance with the terms of deputation or
transfer sanctioned for him.
On reversion from the ex cadre post to a still higher post, the pay is
fixed under FR 22(1)(a)(1) with reference to his presumptive pay in the cadre
post only.
[ FR 22 (IV). ]

7. How is pay fixed in the following cases ?

(a) When an official is transferred from one ex cadre post to another

ex cadre post.
(b) When an official reverts from an ex cadre post to an
identical/equivalent cadre post.

SAT 56
Ans. (a) If a Government servant holding an ex cadre post is appointed
or promoted to another ex cadre post, his pay in the second or subsequent ex
cadre post will b e fixed with reference to h is pay in the cadre post. If,
however, the second or subsequent ex cadre post is on a time-scale identical
with that of the first ex cadre post, the benefit of proviso (1) (iii) to FR 22(1)
will be admissible.
If the second or subsequent ex cadre post is higher than the previous
ex cadre post and the pay fixed in the second or subsequent ex cadre post
with reference to the pay which the Government servant would have drawn in
his parent cadre post. The service rendered in the ex cadre post on identical
time-scale will count to the extent and subject to the conditions stipulated in
the proviso to FR 22 (1).

[GIO (5) below FR 22. ]

8. Under what circumstances can the service rendered by a

Government servant in an ex cadre post be allowed to count towards
initial fixation of pay on his reversion to his parent cadre ?

Ans. If the Government servant had previously held substantively or

officiated in a permanent post or a temporary post ( including a post in a body
incorporated or not, which is wholly or substantially owned or controlled by the
Government) on an identical time-scale, t he service rendered in such an ex
cadre post, shall on reversion to the parent cadre count towards initial fixation
of pay subject to the conditions indicated below-

(a) The Government servant should have been approved for

appointment to the particular grade or post in which the previous
service is to be counted;

(b) All his seniors, except those regarded as unfit for such appointment,
were serving in posts carrying the scale of pay in which benefit is to
b e allowed or in higher posts, whether in the Department itself or
elsewhere and at least one junior was holding a post in the
department carrying the scale of pay in which the benefit is to be
allowed; and
(c) The service will count from the date his junior is promoted and the
benefit will be limited to the period the Government servant would
have held the post in his parent cadre, had he not been appointed
to the ex cadre post.

The conditions enumerated above need not be fulfilled in the case of

appointment directly or on transfer from a post carrying identical scale of pay
under the Government. These conditions should be fulfilled only in cases of
reversion from an ex cadre post under the Government or under a body,
incorporated or not, which is wholly or substantially owned or controlled by the
Government.

SAT 57
 The conditions mentioned above are more or less similar to the
conditions for the grant of benefit under “ Next Below Rule” with the
modification that the “One for One” principle will not be insisted upon for
affording the protection of pay, In other words, subject to the fulfillment of
these conditions, any number of persons working in ex cadre posts can get
the benefit of protection of pay and service under this proviso.
[ Proviso to FR 22 (1).]

9. What is Special Pay ?

Ans. Special pay means an addition of the nature of pay to t he emoluments

of a post of a Government servant, granted in consideration of (a) the
specially arduous nature of the duties; or (b) a specific addition to the work or
responsibility.
[ FR 9 (25).]

10. Enumerate the cases where the provisions of FR 22 (1) (a) (1) do
not apply at the time of fixation of pay ?

Ans. FR22 (1) (a) (1) does not apply in the following cases:-

(1) When the UPSC makes a specific recommendation regarding pay

to be given in the higher post.
[GIO (12), FR 22.]

(2) In the case of promotion to ex cadre higher posts when grade pay
plus Deputation Allowance or special pay at a percentage rate or
fixed rate is drawn in the ex cadre post.
[ Appendix 5. ]

(3) In the case of fixation of pay of Apprentices and Probationers

governed by FR 22-B.

(4) In all cases when the new post does not involve assumption of
higher responsibilities than the old post.

11. Can a Government servant whose pay on promotion to a higher

post is regulated under FR 22 (1) (a) (1) ask for the fixation of pay in the
higher post from a date subsequent to the date of actual promotion to
the higher post ? If so, under what conditions such option may be
allowed ?

Ans. 1. In the cases of fixation of pay under the provisions of FR 22(1)(a)(1)

on promotion to a higher pot, the Government servant concerned is given an
option for fixation of his pay in the higher post as under-

(a) Either his initial pay in the higher post may be fixed on the basis of
FR 22(1)(a)(1) straightaway without any further review on accrual of
increment in the pay scale of the lower post; or

SAT 58
 (b) His pay on promotion, may be fixed initially at the stage of the time-
scale of the higher post above his pay in the lower post on the date
of his actual promotion which may b e refixed on the bases of the
provisions of FR 22(1)(a)(1) on the date of accrual of next
increment ( including Stagnation Increment) in the scale of pay of
the lower post.

2. If the pay is fixed under (b) above, the next date of increment
will fall due on completion of 12 months qualifying service for increment from
the date his pay is refixed on the second occasion under FR 22(1)(a)(1).

3. The option has to be exercised within one month of the date of

promotion and the option once exercised will be final. This should be
mentioned in the order promoting the Government servant.
[ FR 22 (1)(a)(1) and GIO (17) below FR 22. ]

12. The pay of a Government servant fixed under FR 22(1)(a)(1) on

promotion to a higher post may sometimes turn to be lower than the
pay drawn by a junior official who is subsequently promoted to another
identical post. Are there any orders to remove this anomaly ? If so,
mention the salient features of t he orders.

Ans. Whenever such anomaly occurs, the following action will be taken to
safeguard the interest of the senior officer :-
(a) The pay of the senior officer in the higher post will be stepped up to
a figure equal to the pay as fixed for the junior officer the higher
post. The stepping up will, however, be done with effect from the
date of promotion or appointment of the junior officer and will b e
subject to the following conditions:-
(i) Both the junior and senior officer should belong to the same
cadre and the posts in which they have been promoted or
appointed should be identical and in the same cadre.
(ii) The scales of pay of the lower and higher posts in which they
are entitled to draw pay should be identical.
(iii) The anomaly should be directly as a result of the application of
FR 22(1)(a)(1). For example, if even in the lower post the junior
officer draws from time to time a higher rate of pay than the
senior by virtue of grant of advance increments or drawal of
increment in the lower post earlier than the senior, no stepping
up of pay will be given to the senior officer.
(b) The order refixing the pay of the senior officer in accordance with
the procedure indicated above shall be issued under FR 27. The
next increment of the senior officer will be drawn on completion of
the requisite qualifying service with effect from the date of refixation
of pay.
[ GIO (23) below FR 22.]

SAT 59
13. To remove the anomaly arising out of application of FR 22(1)(a)(1),
the pay of a Senior Officer “A” is stepped up at par with his Junior “B”
who was promoted subsequently and who happened to draw higher pay
than the senior. Is stepping up of the pay of the Senior “A” for a second
time permissible? If so, under what circumstances?

Ans. To remove the anomaly arising out of application of FR 22(I)

(a)(1), the stepping up of the pay of the Senior Officer ‘A’ is permissible only
once. However, if the pay of the Junior Officer ‘B’ is subsequently stepped up
at par with his Junior ‘C’ the pay of the Senior Officer ‘A’ can be stepped up
for a second time at par with his Junior ‘B’ provided all the conditions for
stepping up of pay of ‘A’ vis-à-vis ‘C’ are fully satisfied.

[GIO (24) below FR 22]

14. How would you regulate the pay and date of next increment of an
incumbent of a post when the scale of that post is revised upward
without involving assumption of duties and responsibilities of greater
importance.?

Ans. The holder of a post, the pay of which is revised, will be treated
as if he were transferred to a new post not involving higher responsibilities
and his pay in the revised scale will be fixed under the provisions of FR 22
(1)(a)(1), i.e., his pay in the revised scale will be fixed at a stage equal to the
pay drawn in the old scale, if there is such stage, or if there is no such equal
stage in the revised scale, his pay will b e fixed at the stage next above the
pay drawn in the old scale. If his pay in the revised scale is fixed at the same
stage, he will draw his next increment in the revised scale on the date on
which he would have earned an increment in the old post. If his pay is fixed in
the revised scale at the stage next above the pay drawn by him in the old
scale, he will draw his next increment after completion of the requisite period
of service to earn an increment in the revised scale. If he had been drawing
pay at the maximum of the old scale for part of a year and his pay in the
revised scale is fixed at the same stage, he will get his increment after
rendering service for the remaining part of a year. If he had been drawing the
pay at the maximum of the old scale for one year or more and his pay is fixed
in the revised scale at the same stage, the next increment will accrue to him in
the revised scale on the same date on which his pay is fixed.
[ FR 22 (1)(a)(2) read with AI(1) below FR 22. ]

15. How is the pay of a Government servant regulated when he is

appointed in another service or cadre as (a) probationer, apprentice and
(b) on probation. ?

Ans. (a) Appointment as probationer/apprentice.-On appointment as

a probationer, a Government servant is normally entitled to have his pay fixed
at the minimum of the time-scale or at the probationary stages of the time-
scale of the service e or post, as the case may be, A Government servant
appointed as an apprentice in another service or post is entitle to the stipend
or pay prescribed for such period. But in both the above cases, if, at any time,

SAT 60
the presumptive pay in respect of a permanent non-tenure post on which the
Government servant holds a lien or a suspended lien happens to be more
than the pay fixed as above, he shall draw the presumptive pay.

On confirmation after the successful completion of the period of

probation or apprenticeship, pay shall be fixed under the normal rules subject
to the following conditions:-

(i) In the case of a temporary Government servant, pay will not be

refixed under FR 22(1)(a)(2) with reference to the pay that he
would have drawn in the previous post which he was holding in
a temporary capacity, but he will continue to draw pay in the
scale of pay of the service or post.
(ii) In the case of a permanent Government servant holding a
higher officiating post at the time of appointment as
probationer/apprentice, the pay will not be refixed with reference
to the pay that he would have drawn in the higher officiating
post.

(b). Appointment on probation.- The provisions contained in (a) above apply

mutatis mutandis to cases of Government servants appointed on probation
with definite conditions against temporary posts in another service or cadre
where recruitment to permanent posts of such service or cadre is made as
probationers, except that in such cases the fixation of pay in the manner
indicated in (a) above is done under FR 31 immediately on the expiry of the
period of probation and on regular officiating appointment to a post ( either
permanent or temporary) in the service or cadre.

[ FR 22-B.]A

16. Specify the conditions on which service counts for increment in a

time-scale.?

Ans. The following periods of service count for increments.-

(i) All periods of duty.

(ii) Service in another post, other than a post carrying less pay
referred to in FR 15 (a) counts for increments in the time-scale
applicable to the post on which the Government servant holds a
lien, as well as in the time-scale applicable to the post or posts,
if any, on which he would hold lien had his lien not been
suspended.

(iii) All kinds of leave except extraordinary leave taken otherwise

than on medical certificate. However, in the case of
temporary/officiating Government servant, it should be certified
that he would have continued to officiate but for the leave.

SAT 61
 (iv) Extraordinary leave granted due to the inability of the
Government servant on account of civil commotion or for
prosecuting higher technical and scientific studies.

(v) Extraordinary leave taken otherwise than on medical certificate

may be allowed by the President or the Competent Authority
declared under FR 26 to count, if it was taken for any other
cause beyond the control of the Government servant.

(vi) Deputation out of India under FR 51.

(vii) Foreign service counts for increments in the time-scale

applicable to the post in Government service on which the
Government servant holds a lien as well as the post or posts, if
any, on which he would hold a lien had his lien not been
suspended and also the post in Government service in which
the Government servant was officiating immediately before his
transfer to foreign service.

(viii) Joining time.

(ix) When a Government servant who is officiating in a permanent

post or who is holding a temporary post is appointed to officiate
in a higher post, his service in the higher post will count for
increment in the lower post if he is re-appointed to the lower
post. This rule also applies to a Government servant who is not
actually officiating in the lower post at the time of his
appointment to higher post but who would have so officiated had
he not been appointed to the higher post. In either case, the
period of service in the higher post to be counted for increments
in the lower post will be restricted to the period for which he
would have officiated in the lower post but for his appointment to
the higher post.

(x) If a Government servant on reversion from ex cadre post to the

parent cadre is appointed to a post on a scale of pay lower than
that of the ex cadre post, but not on the same time-scale as the
post held at the time4 of his transfer to the ex cadre post, the
service rendered on the higher scale in the ex cadre post shall
count for increments in the time-scale applicable to the cadre
post subject to the conditions mentioned below-

(a) The Government servant should have been approved for

appointment to the particular grade4/post in which the previous
service is to be counted;

(b) All his seniors, except those regarded as unfit for such
appointment, were serving in posts carrying the scale of pay in
which the benefit is to be allowed or in higher posts, whether in
the department itself or elsewhere and at least one junior was

SAT 62
 holding a post in the department carrying the scale of pay in
which the benefit is to be allowed; and

(c) The service will count from the date his junior is promoted and
the benefit will be limited to the period the Government servant
would have held the post in his parent cadre had he not been
appointed to the ex cadre post.

(xi) Period of training undergone before appointment, whether on

stipend or otherwise.
[ FR 26 and GIO (1) thereunder.]

17. To what extent does a period spent on leave count for increment
in a time-scale?

Ans. The period spent on leave counts for increment in a time-scale to the
extent indicated below –

(i) All leave including extraordinary leave taken on medical

certificate; extraordinary leave granted due to inability of the
Government servant to join or to rejoin duty on account of civil
commotion, extraordinary leave granted for prosecuting higher
technical and scientific studies counts for increment-

(a) In the time-scale of post on which the Government servant

holds a lien as well as in the time-scale of a post or posts, if
any, on which he would hold a lien had his lien not been
suspended;

(b) In the time-scale of a post in which the Government servant

was officiating at the time he proceeded on leave, provided
it is certified that he would have continued to officiate but for
proceeding on leave.

(ii) Any authority competent to make a substantive appointment to

the post which the Government servant holds, may, if he is
satisfied that the extraordinary leave was taken for any cause
beyond the Government servant’s control, direct that
extraordinary leave will also count for increment.
[ FR 26 (b) and GIO (2) and (3) thereunder.]

18. Explain the procedure for calculating the date of next increment
when periods not counting for increment intervene,?

SAT 63
 Ans. For the purpose of arriving at the date of next increment in a
time-scale, the total of all such periods as do not count for increment in the
time-scale, shall be added to the normal date of increment.

The following procedure shall be adopted while computing the above

period:-

Where the different spells and/or total of the periods not counting for
increment exceeds 29 days, the periods as well as the total of periods not
counting for increment should be converted in terms of months and days.
While doing so, each completed calendar month shall be taken as a month
and thirty days be taken as a month for converting the odd days into a month.
The total period so converted into months and days shall be added to the
date of normal increment, to arrive at the actual date of increment.
[ FR 9 (18) and AI thereunder, FR 26 (a) and GIO (10) thereunder.]

19. State the rules governing the counting of foreign service and joining
time for increments.?

Ans. Foreign Service counts for increments in the time-scale applicable to –

(i) The post in which the Government servant holds a lien or a

suspended lien;

(ii) The post in which he was officiating immediately before his

transfer to foreign service, for so long as he would have
continued to officiate in the post on the same time-scale but for
proceeding on foreign service; and

(iii) Any post in the parent cadre on a lower scale of pay to which
the Government servant is appointed on reversion from the ex
cadre post subject to the fulfillment of the three conditions
mentioned in proviso 1 (iii) to FR 22.

Joining Time.- When a Government servant avails of joining time in

continuation of duty, the same will count for increment in the post on which he
holds a lien or a suspended lien and also in the post, the pay of which is
received during the period of joining time. When joining time is availed of in
continuation of leave, the same will count for increment in all the posts on
which the last day of leave immediately before the commencement of joining
time counts for increments, However, an increment falling during joining time
shall b e drawn only from the date of joining duty.
[ FR 26 (d) and (e). ]

20. Under what conditions, if any, do the periods of service

mentioned below count towards increment in a time-scale attached to a
permanent post which is held by a Government servant substantively?
Indicate how the position will be affected if the Government servant
holds the post in an officiating capacity .

SAT 64
 (a) Periods spent on study leave.

(b) Periods spent on extraordinary leave without pay.

(c ) Service rendered in lower stage of a time- scale under the

orders of reduction passed by punishing authority.

(d) Periods spent under suspension during which the Government

servant is granted half of the pay and allowances which he
would have drawn but for his suspension.

Ans. (a) Period spent on study leave counts for increments in the post held by
the Government servant substantively. It counts for increment in the post in
which he was officiating at the time of proceeding on such leave if only the
Competent Authority certifies that he would have continued to officiate but for
proceeding on leave. [ FR 26 (b) (i) and (ii)]

(b) Period spent on extraordinary leave without pay does not count for
increment except when the leave is taken on medical certificate or when it
was granted due to inability of the Government servant to join or to rejoin duty
on account of civil commotion/for prosecuting higher technical and scientific
studies, or when the President or any authority competent to make a
substantive appointment to the post which the Government servant holds, is
satisfied that it was taken under circumstances by beyond the control of the
Government servant and directs that such leave shall count for increment.

However, when the Government servant is holding the post in an

officiating capacity, it counts for increment if only the Competent Authority
certifies that the Government servant would have continued to officiate but for
proceeding on leave.
[ FR 26 (b) and GIO (2) below FR 26. ]

(c) Service rendered in a lower stage of a time-scale under orders of

reduction passed by a punishing authority, will count for increment in the post
held by the Government servant only if the punishing authority states that the
reduction will not have the effect of postponing his future increments.
[FR 29(1)]

(d) A period spent under suspension will count for increment if the
disciplinary proceedings end with imposition of minor penalty or if the
reinstating authority is of the opinion that the Government servant has been
fully exonerated, or that the suspension was wholly unjustified. In other cases,
the period will count if the reinstating authority specifically directs that it shall
be counted.
[ FR 54 (2) and 54 (5); GIO (3) below FR 54.]

21. What are the provisions regarding the drawal of increments from
the first the month ?

SAT 65
 Ans. The increment of the employees will be drawn from the 1st of the
month in which it would fall due under the operation of FR 26 and orders
relating to increment. For this purpose, the date of the increment will first be
determined as per the provisions contained in FR 26 and the date so
determined falling on any date in a month, the increased pay on account of
the increment will be drawn from the first of that month. The normal date of
next increment will be the 1st of the same month in the next year, any period
not counting for increment during the period will be added to the 1st of the
incremental month which may fall on any date in the same or subsequent
month. The increased pay on account of the increment will be drawn from the
1st of the month, in which the date of increment falls. However, in the following
cases, increased pay on account of increment will not be drawn from the first
of the month-

(i) If the employee happens to be on leave on the first of the month,

increment in such cases will b e drawn from the date of
resumption of duty on return from leave.
(ii) If a Government servant is on joining time on the first of the
incremental month, the increment will b e drawn only from the
date the of joining duty.
(iii) When the normal increment is withheld for specified period and
the period of such penalty expires after 1st of the month-
Increment in such cases will be granted/restored from the date
the penalty ceases.
(iv) Not applicable to advance/enhanced increment due to passing
of certain examinations. Such increment, if permissible will be
governed by relevant rules and orders.
[ GIO (12), FR 26.]

22. Comment on the following :-

Two advance increments were sanctioned in the time-scale of a

post, by an authority competent to create the post, as reward for
meritorious work?

Ans. The power to grant a premature increment to a Government

servant on a time-scale of pay delegated to the authority who is competent to
create a post in the same cadre on the same scale of pay in FR 27 is subject
to any general or special orders that may be made by President in his behalf.
As per GIO (5) below FR 27, the power under FR 27 should not be used to
grant premature increments as reward for meritorious work. The action of the
Competent Authority is irregular.

23. Who can grant a premature increment to a Government servant on

a time-scale of pay ?

SAT 66
Ans. The authority competent to create a post in the same cadre on the
same time-scale of pay as that of the post held by a Government servant may
grant premature increment to him subject to the conditions stipulated in GIO
(5) below FR 27.

24. Enumerate the case where powers to grant premature increments

are not expected to be invoked by Competent Authorities.?

Ans. The Competent Authorities are expected not to invoke the powers
under FR 27 to grant premature increments in the following cases-

(i) As reward for meritorious work;

(ii) In disregard of the advice given by the Ministry of Finance in any
individual case of fixation of pay;
(iii) In disregard of the normal rules governing fixation of pay except
in cases of hardship or where the circumstances are unusual; or
(iv) To take into account the monetary equivalent of certain
perquisites allowed, special pay drawn, or deputation allowance
granted in previous post, for the purpose of fixing the initial pay
on appointment to another post whe4re such monetary benefits
are not permissible.
( GIO (5), FR 27]

25. How would you regulate the pay of a Government servant who has
been reduced as punitive measure to a lower grade or post?

Ans. The pay of Government servant who has been reduced to a

lower grade or post as a punitive measure may be fixed at an amount not
exceeding the maximum of the lower grade or post to which he was reduced
as the authority ordering the reversion may think fit, subject to the condition
that the pay allowed to be drawn should not exceed the pay which would have
been under the operation of FR 22 (1) (a) (2) read with FR 26 (b) or FR 26 (c).
The regulation of increment in the lower post will be made under the normal
rules unless the increment in the lower post is also withheld.
[ FR 28]

26. How would you regulate the pay of a Government servant, who
has been reduced as a punitive measure to a lower grade or post, on his
restoration to the original post ?

Ans: If the order of reduction to the lower post or grade is for a

specified period, immediately on the expiry of that period, the Government
servant will automatically be restored to his original post or grade. If the order
of reduction lays down that the period of reduction shall not operate to
postpone future increments on restoration, the Government servant will be
entitled to the pay which he would have drawn but for the order of reduction.

If, on the other hand, the order of reduction lays down that the
reduction should operate to postpone future increments, then on restoration
his pay will be fixes at the same stage at which it was drawn at the time of his

SAT 67
reduction to the lower post or grade. The date of his next increment will be
determined under the normal rule treating the period of reduction as non-
counting for increment.

If the period of reduction is unspecified, there will be no question of

automatic restoration to the old post. In such cases, the Government servant
when reappointed to the higher post will have his pay fixed under the normal
rules.
[GIO(3) below FR 29]

27. In case of reduction of a Government servant to a lower stage in

the time-scale, what are the points on which the Competent Authority
should record his order ?

Ans : Every order passed by the Competent Authority imposing on a

Government servant the penalty of reduction to a lower stage in a time-scale
should indicate –

(i) the date from which it will take effect and the period (in terms of
years and months) for which the penalty shall be operative;
(ii) the stage in the time-scale (in terms of rupees) to which the
Government servant is reduced; and
(iii) the extent(in terms of years and months), if any, to which the
period referred to at (i) above should operate to postpone future
increment.

The operative portion of the punishment order should be worded in the

standard format prescribed by the Government for the purpose.

[GIO(2) below FR 29]

28. What should a Competent Authority indicate in his order of

punishment reducing a Government servant to a lower grade or post ?

Ans :- Every order passed by a Competent Authority reducing a Government

servant as a measure of penalty to a lower grade or post should indicate :-

(a) the date from which the reduction will take effect.

(b) if the reduction is for a specified period, the period for which the
reduction shall be operative.
(c) if the reduction is for a specified period, whether or not the period of
reduction will on restoration to the original post have the effect of
postponing the future increments.

If the period of reduction to the lower post or grade is for an unspecified

period, the date from which the reduction will take effect need only be
indicated in the order.
[FR 29(2) read with GIO (3) thereunder]

SAT 68
29. A Disciplinary Authority imposes a punishment on a Government
servant of reduction of his pay to the minimum of the time-scale as a
permanent measure.

Ans :- Reduction to a lower stage in the time-scale can be ordered only for a
specified period. It cannot be ordered either for an unspecified period or as a
permanent measure. The punishment, therefore, cannot stand.
[GIO (2) below FR 29]

30. When is an officer said to officiate in a post ? What is the pay he

is entitled to draw during the period of such officiating ? Can this pay be
reduced or increased ? If so, under what rules ?

Ans :- An officer is said to officiate in a post when he is appointed to perform

the duties of a post on which another Government servant holds a lien or
which is vacant but he is not appointed to it substantively.
[FR 9(19)]

In the case of first appointment, the pay of the Government servant will
be fixed at the minimum of the time-scale applicable to the post and he will
continue to draw this pay till he earns an increment.

If the appointment of a Government servant is from one post to another

which does not involve higher responsibilities with reference to his old post,
his pay in the new post will be fixed under FR 22 (I)(a)(2) in the following
manner :-

(i) his pay in the new post will be fixed at the stage which is equal
to his pay in the old post held on regular basis and he will draw
his next increment in the new post on the date on which he
would have received an increment in the old post; or

(ii) if there is no such equal stage, his pay in the new post will be
fixed at the state next above his pay in the old post held on
regular basis and he will draw his next increment is earned in
the new post;

(iii) if the minimum of time-scale of the new post is higher than the
pay drawn in the old post held on regular basis, he pay will be
fixed at the minimum.

The above provision is also applicable in the case of appointment non-

functional selection grade.

If the appointment involves promotion to a post carrying duties

and responsibilities of greater importance, pay fixation is done under
FR 22 (I) (a)

SAT 69
 (I). In this case, his pay in the lower post held on regular basis is first
increased notionally by one increment or Rs. 100, whichever is more
and then his pay in the higher post is fixed at a stage next above the
notionally increased pay of the lower post.
Officiating pay can be fixed at an amount less than that admissible
under the rules by invoking FR 35. It can be increased by the grant of
premature increments under FR 27
[FR 22(I)]

31. What is meant by “Next Below Rule” ? Example clearly its intentions,
benefits conferred by it and the conditions to be fulfilled under it. Have
any classes of employees been deprived of the Next Below Rule benefits
? If so to what extent ?

Ans. The intention of this rule is to protect the interest of a Government

servant who is working out of his regular line. Simply because he had gone
out of his regular line, he should not lose any officiating promotion which he
would have otherwise received had he been in the regular line. Under this
principle, an officer outside his regular line and who is fit for promotion in his
regular line can be given pro forma officiating promotion to a higher grade
without any change in the duties but subject to the following conditions,
namely :-
(i) All the officers senior to him should have been promoted and be
drawing pay in the higher grade (or still higher grades) in which
the promotion (pro forma) is sought to be given to the officer
outside the regular line. If any senior officer has not been given
such promotion, it should be due to inefficiency, unsuitability or
leave.
(ii) The officer immediately junior to him should have been given
officiating promotion and be drawing pay in the higher grade. If
the immediate junior had been overlooked, for reasons of
unsuitability, etc., the one still junior has been promoted to the
higher grade. If so junior is available in the approved panel for
appointment, the post should remain unfilled and even adhoc
filling up should not have been made.
(iii) The benefit should be given to only one officer against one
vacancy. For example, if a series of officers are outside the
ordinary line, then the promotion of a junior to them in the
regular line will entitle only the senior most of the series of
officers to the benefit under the ‘Next Below Rule’ subject to the
fulfillment of the other conditions mentioned above.

The grant of benefit under ‘Next below rule’ to an officer outside the
regular line will entitle him to the following :-

(a) To draw the higher rate of pay to which he will be entitle in the
regular line.

SAT 70
 (b) To count the period of his service from the date of pro forma
promotion for increment in the post in which he would have
officiated had he been in the regular line.

For giving the benefit, a declaration under FR (II) to the effect that the
post held by the Government servant is outside the ordinary line will be
necessary.

The benefit under ‘Next below rule’ should not be given to persons
deputed to regularly constituted ex cadre posts abroad in which their pay is
regulated by special orders under FR 51 – A. In scuh cases, when the
persons revert to their parent cadre in or out of India and are appointed to the
posts which they would have held but for deputation abroad that portion of the
period during which the conditions of ‘Next Below Rule’ are fulfilled will be
allowed to count for fixation of pay. The pay will be done under FR 27.
[ GIOs (34), (35) and (36), FR 22. ]

32. Enumerate briefly the provisions regulation the pay and

increments of a Government servant whose promotion or appointment
is later found to be erroneous.

Ans. The pay and increments of a Government servant whose promotion or

appointment is later found to be erroneous on the basis of facts will be
regulated in accordance with the following provisions :-

(1) The order of notification of promotion or appointment of the

Government servant should be cancelled as soon as it is brought to
the notice of the Appointing Authority that such a promotion or
appointment has resulted from a factual error and the Government
servant concerned should, immediately on such cancellation, be
brought to the position which he would have held but for the
incorrect order of promotion or appointment.

(2) Service rendered by the Government servant concerned in the post

to which he was wrongly promoted/appointed as a result of the error
should not be reckoned for the purpose of increments or for any
other purpose in that grade/post to which he would not normally be
entitled but for the erroneous promotion/appointment.

(3) Any subsequent promotions or appointments of other Government

servants made on the basis of the incorrect promotion or
appointment of a particular Government servant will also be
regarded as erroneous and such cases also will be regulated on the
lines indicated above.

(4) Except, where the Appointing Authority is the President, whether

promotion/appointment was erroneous or not should be decided by
an authority next higher than the Appointing Authority.
[ GIO below FR 31- A.]

SAT 71
33. When can periods during which pay was not drawn in a particular
time-scale, count for increments in that time-scale of pay ?

Ans:- In the following cases, periods during which pay was not drawn in a
particular time-scale count for increments in that time-scale:-

(1) Service in another post, other than a post carrying less pay referred to
in FR 15 (a).

(2) Leave including extraordinary leave taken on Medical Certificate and in

certain circumstances otherwise than on Medical Certificate.

(3) While on deputation out of India.

(4) While on service in a higher scale in an ex cadre post.

(5) While on foreign service

[ FR 26 (b), (c), (d). ]

34. When is an increment not drawn as a matter of course ?

Ans. An increment falling due during the period of (i) joining time, (ii) leave,
will not be drawn from the due date but will be drawn only on joining/rejoining
duty after the expiry of joining time/leave since the joining time pay/leave
salary is based on the pay drawn immediately before relinquishment of the
charge of the post consequent on transfer/proceeding on leave.

[ Rule 7 of CCS (JT) Rules, 1979 and Rule 40 (1) of CCS (Leave) Rules]

35. Comment on the following :-

(a) A Group ‘C’ employee stagnating at the maximum of the scale of

pay of that post for more than two years declines regular promotion
to Group ‘B’ post but insists on his having personal pay equivalent
to his last increment.
(b) ‘A’, ‘B’, ‘C’, ‘D’, ‘E’ and ‘F’ are Government servants in a cadre listed
in the order of their seniority. ‘A’ ‘B’ and ‘C’ are on foreign service,
‘D’ and ‘F’ are promoted to the next higher cadre, ‘E’ is overlooked,
It is proposed to give ‘pro forma’ promotion to ‘A’, ‘B’ and ‘C’.
( c) An officer appointed through UPSC is recommended only the grant
of minimum pay of the post by the Commission but the Ministry
concerned decides to grant him higher initial pay on the plea that it
has such power under FR 27.
(c) A Junior Accounts Officer working at Baroda in the Office of PAO,
Collector of Central Excise4 and Customs, was promoted as PAO

SAT 72
 in the same office since JAOs senior to him in the cadre were not
willing to go to Baroda. The authority considering that the Junior
Accounts Officer is much junior for normal promotion as PAO
invoked FR 35 and fixed his pay in the post of PAO to an amount
less than that admissible under the rules.

Ans. (a) A Government servant who has been stagnating at the

maximum of his pay scale for two years or more is eligible for the grant of ‘
personal pay’ equivalent to the rate of the increment last drawn by him in his
pay scale. This benefit is admissible even in cases where he declines his
promotion to a higher post temporarily or as a permanent measure.
[ GIO (18) below FR 26.]

(b) As per the principle of ‘ One for One’ under the ‘Next Below
Rule’, not more than one officer may be authorized to draw the pay of the
higher scale or grade in respect of any one officiating vacancy within the
cadre filled by a junior.
Accordingly, when the Juniors ‘D’ and ‘F’ are promoted to the next
higher cadre, the Seniors ‘A’ and ‘B’ who are no foreign service can only be
allowed the pro forma promotion. Mr. ‘C’ will gets his pro forma promotion only
when ‘E’ or some one still junior is promoted.
[GIO (34) below FR 22. ]

(c) The initial pay higher than that recommended by the UPSC in
any case, should not be given by invoking the provision of FR 27. If it is felt
that a higher initial pay than the one recommended by the UPSC should be
given in any case, the question of giving such higher initial pay should again
be referred to the UPSC and their final advice accepted.
[ GIO (3), FR 27.]
(d) The action is no order vide GIO (2) below FR 35.

36. State the rules that the have been laid down by the Government of
India for fixing the pay of pensioners re-employed in Central Civil
Departments.

Ans. 1. The fixing of initial pay of pensioners re-employed in Civil posts is

governed by the provisions in the Central Civil Services (Fixation of Pay of
Re-employed Pensioners) Orders, 1986, which came into force from 1st July,
1986.
2. In the case of Ex-Servicemen and Civilian officers who retired before
attaining the age of 55 years, their pension to the extent indicated below will
be ignore in fixing their pay in the re-employed post –
(i) In the case of Defence Service Officers and Officers holding Group
‘A’ posts in the Civil side at the time of retirement, the first Rs. 1,500 of
pension; and
(ii) In the case of Defence personal below commissioned officer rank
and officers holding Group ‘B’ or lower posts in the Civil side at the time of
retirement, the entire pension.
3. Re-employed will be allowed to draw pay only in the prescribe scales
of pay for the posts in which they are re-employed.

SAT 73
 4. In all cases where the pension is fully ignored, the initial pay on re-
employment will be fixed at the minimum of the scales of pay of the re-
employed post.
5. In case where the entire pension and pensionary benefits are not
ignored for pay fixation, the initial pay on re-employment will be fixed at the
same stage as the pay last drawn before retirement. If there is no such stage
in the re-employed posts, the pay of the re-employed post is less than the pay
drawn before retirement, the initial pay will be fixed at the maximum. In all
these cases, the non-ignorable part of the pension will be reduced from the
pay so fixed. However, the pension equivalent of gratuity will not be deduced
from the pay so fixed.
6. The re-employed pensioner will in addition to pay of the re-employed
post be permitted to draw separately any pension sanctioned to him and to
retain any other form of retirement benefits, viz., Commutation not be
admissible during the period of re-employment.
7. Once the initial pay of re-employed pensioner had been fixed in the
manner indicated above, he may be allowed to draw normal increments in the
time-scale of the post to which he is appointed as if the pay had been fixed at
the minimum or the higher stage, as the case may be, (i.e., before an
adjustment on account of non-ignorable portion of pension is made) provided
that the pay and gross pension/pension equivalent of retirement gratuity taken
together do not at any time exceed Rs. 26,000 p.m.
8. On regular promotion/transfer to another post, pay of the re-
employed pensioner shall be fixed under Fundamental Rules with reference to
the pay in the previous re-employed post (i.e., the pay that would be
admissible if the non-ignorable portion of pension is not reduced there form).
The non-ignorable portion of pension will be deducted from the pay so fixed
as was being made earlier. However, the pay plus pension (including pension
equivalent of gratuity) shall at no time exceed Rs. 26,000 p.m.
[Paras. 4,5,and,9 of CCS (Fixation of Pay of Re-employed Pensioners)
orders, 1986 read with O.M No. 3/4/97-Esstt. (Pay-II), dated the 7th
November, 1997.]

37. How is the pay of Ex-Combatant Clerk regulated when they are re-
employed as lower Division Clerk/Junior Clerks or TS Clerks in the Civil
posts ? Who is competent to fix the initial pay in such cases ?

Ans. The service rendered as Combatant-Clerk (sepoy and above and

equivalent rank in Navy and Air Force) will be treated as equivalent to service
as LDCs/Junior Clerks/TS Clerks in Civil Department irrespective of the pay
drawn in the Armed Forces and that when such persons are re-employed in
the posts of LDCs/Junior Clerk/TS Clerk in Civil Department after their
release/retirement from the Armed Forces, their initial pay in the posts of
LDCs/Junior Clerks/TS Clerks will be fixed at a higher stage in the scale
above the minimum by allowing one increment for each completed year of
service as Combatant Clerk. They pay so fixed will not be restricted to the
pre-retirement pay.
2. Pension will be deducted from the pay fixed in the manner stated in
Para. 1 above after ignoring Rs. 15 thereof and only the net pay will be
payable. If the resultant amount does not correspond to a stage in the scale

SAT 74
applicable to the re-employed post, pay will be fixed at the next lower stage
and the difference allowed as personal pay to be absorbed in future increases
of pay.
3. If the pay is fixed below the minimum of the scale of pay of the re-
employed post, as a result of adjustment of amount of pension drawn by him
from the Army in excess of Rs. 15 p.m., increase in pay will be allowed after
each year of service at the rate of increments admissible as if the pay has
been fixed at the minimum till the minimum of the scale is reached.
Subsequent increments will be allowed in the usual manner.
4. Re-employed Ex-Combatant Clerk can exercise an option to have
their pay in the re-employed post fixed either in the manner stated above or
under the provisions of Paras. 4 and 5 of CCS (Fixation of Pay of Re-
employed Pensioners) Orders, 1986, in which case the entire amount of
pension and pension equivalent of retirement gratuity drawn from the Army
will be ignored and the pay in the re-employed post fixed at the minimum of
the time-scale applicable to the re-employed post.
5. The above provisions are also applicable to the cases of Ex-Store-
men of the Armed Forces who are re-employed as Storemen in Civil
Departments.
6. The power to fix the pay in these cases is delegated to the
Administrative Ministers/Departments of the Government of India and the
Comptroller and Auditor-General of India.

[Orders 4,5 and 16 of CCS (Fixation of Pay of Re-employed

Pensioners) Orders, 1986. ]

Pension Rules
1. To whom do the Central Civil Services (Pension) Rules, 1972, apply?
Mention the categories of Government servants who are exempt from
their application.

Ans. The rules apply to all Government servants including civilians in

Defence Services appointed substantively to civil services and posts in
connection with the affairs of the Union which are borne on pensionable
establishments .A Temporary Government servant retiring from service on
attaining the age of superannuation or on his being declared permanently
incapacitated for further service after he has rendered not less than ten years
of service or retiring voluntarily after completion of 20 years continuous
service will also be governed by the provisions in the CCS (Pension) Rules,
1972.

SAT 75
 The following categories of Government servants are not governed by
these rules :-
(i) Railway servants.
(ii) Casual and daily-rated staff.
(iii) Contingent staff.
(iv) Persons entitled to Contributory Provident Fund.
(v) Members of the All India Services (i.e., IAS,
(vi) Local recruits in diplomatic missions abroad .
(vii) Persons employed on contract except when the contract
provides otherwise.
(viii) Persons whose terms and conditions of services are regulated
by the provisions of the Constitution/any other law.
[ Rule 2 and CCS (Temporary Service ) Rules. ]

2. A Government servant is permanently transferred to a service to

which the CCS (Pension) Rules apply from a service to which these
rules do not apply. By which rules should his pension entitlement be
governed ?

Ans. A Government servant who is transferred permanently to a service or

post to which the CCS (Pension) Rules apply from a service or post to which
these rules do not apply shall become subject to these rules.
The Government servant may, within six months of his permanent
transfer, or, if he is on leave on that day, within six months of his return from
leave, whichever is later, elect to be governed by the pension rules to which
he was subject immediately before the date of his transfer. The option should
be exercised in writing and shall be final.
[Rule 4. ]

3. Can a pension once sanctioned be withheld or withdrawn

subsequently ? If so, under what circumstances and by whom ?

Ans. (1) If a pensioner is convicted of a serious crime or is found guilty of

grave misconduct, the Appointing Authority may withhold or withdrawn a
pension or part thereof either permanently or for a specified period.
(2) If a part of pension is withheld or withdrawn, the balance of pension
should not be less than the minimum pension prescribe, i.e., Rs. 1,275 p.m.
(3) If a pensioner is convicted of a serious crime by a Court of Law,
action shall be taken in the light of the judgment of the Court relating to such
conviction.

(4) In other cases, if the Appointing Authority feels that the pensioner is
guilty of grave misconduct, a show-cause notice should be issued to the
pensioner for submitting his representation within fifteen days, extendable by
another the representation made by the pensioner.

(5) When the order is to be passed by the President, the UPSC shall
be consulted before the order is passed.

SAT 76
 (6) An appeal against an order passed by any authority other than the
President shall be to the President. Orders on the appeal shall be passed by
the President in consultation with the UPSC.

(7) A family pension cannot be withheld or withdrawn subsequently.

[Rules 8 and 9 ]

4. Under what circumstances and by whom, can reduction or

withholding or withdraw of a pension already sanctioned be ordered ?
What is the procedure to be followed before such an order can be
passed ?

Ans . (i) The Appointing Authority may, by order in writing, withhold or

withdrawn a pension or part thereof, whether permanently of for a specified
period, if the pensioner is convicted of a serious crime or is found guilty of
grave misconduct. If a pensioner is convicted , the Appointing Authority
should take action in the left of the Court’s judgment. Where a pensioner is
not convicted , but the Appointing Authority considers that the pensioner is
prime facie guilty of a grave misconduct, action should be taken after
considering the written representing of the pensioner. Where the Appointing
Authority is the President, the UPSC should be consulted before an order is
passed. The reduced amount of pension shall not be less than Rs. 1,275 p.m.
[ Rule 8. ]

(ii) The President has the right of withholding a pension or guilty, or

both, whether in full or in part, or withdrawing a pension or any part of it,
whether permanently or for a specified period and the right of ordering
recovery from pension or gratuity of the whole or a part of any pecuniary loss
caused to Government, if, in a department or judicial proceeding, the
pensioner is found guilty of grave misconduct or negligence during the period
of his service, including service rendered upon re-employment after retirement
.
If a part of the pension is withheld or withdrawn the amount of
residuary pension shall not be less than the minimum, i.e. Rs. 1,275 p.m.

Department proceeding commenced before retirement or during re-

employment shall be continued and concluded by the authority by which they
were commenced. If such proceedings were not instituted during service or
re-employment, President’s sanction is necessary for commencement of
proceedings. They shall not be in respect of any even which took place more
than four years before such institution. The function of the departmental
Enquiry Officer is to reach his findings and then submit his report to
Government. Government will consult the UPSC before final orders are
passed in the name of the President.
[ Rule 9 ]

5. what are the circumstances under which the President can withhold
a pension or gratuity or withdraw a pension or part thereof and order recovery
from pension or gratuity of any pecuniary loss caused to the Government ?

SAT 77
 Ans.- The President can withhold a pension or gratuity or withdraw a
pension or part thereof and order recovery from pension or gratuity of any
pecuniary loss caused to the Government, if , in any departmental or judicial
proceedings, the pensioner is found guilty of grave misconduct or negligence
during the period of his service including service rendered upon re-
employment after retirement. [ Rule 9. ]

6. Comment on the following :-

A. Government servant under suspension against whom criminal

proceedings were pending in the Court of Law, attained the age of
superannuation and was granted provisional pension. He was subsequently
convicted by the Court and Appointing Authority withheld the provisional
pension granted to him.

Ans. The action of the Appointing Authority is not in order. The payment of
provisional pension should have been continued and orders of the President
obtained for withholding the pension under the provisions of Rule 9 of CCS
(Pension) Rules, 1972.

7. In so far as pension is concerned, in what different ways can

Government deal with an officer who is inefficient ?

Ans.- An inefficient officer may be dealt with in the following different ways as
far as pension is concerned :-

(1) He may be removed from service on the imposition of a statutory

penalty under the CCS(CCA) Rules. The Government servant is not entitled
to pension. In cases deserving special consideration, compassionate
allowance not exceeding two-thirds of the pension or gratuity or both which
would have been admissible if he had retire on compensation pension may be
granted. [ Rule 41. ]
(2) He may be compulsory retired from service as a penalty and
granted by the punishing authority pension or gratuity or both at a rate not
less than two-thirds and not more than full compensation pension or gratuity
or both admissible to him on the date of his compulsory retirement.
[ Rule 40.]

(3) He may be pensioned off by three month’s notice on his completing

30 years of qualifying service or attaining the age of 55/50 years. This does
not amount to a penalty and no disciplinary proceedings are involved. In such
a case, it may so happen that he gets less pension than what he would get if
allowed to continue in service till his normal date of retirement.
FR 56 (i) and Rule 48.]

SAT 78
8. What restrictive provisions have been laid down in the rules against
commercial employment after retirement? What is the principle
underlying such provisions ?

Ans. – Under Rule 10, a Group ‘A’ Officer may accept any commercial
employment without the sanction of Government, within two years from his
retirement. If an officer takes up such employment without the requisite
permission, it shall be competent for the Government to declare that he shall
not be entitled to the whole or such part of the pension and for such period as
may be specified by the Government after giving the pensioner an opportunity
of showing cause against such declaration.

If a Group ‘A’ Officer is granted permission to take up commercial

eemployment during leave preparatory to retirement, no further permission is
necessary for continuing the employment after retirement.

The Principle underlying the above restriction is that, acceptance of

commercial employment soon after retirement is prima facie open to objection
and gives rise to the impression that the officer had used his official position to
secure the job while still in service. There is also a risk that the information
gained by the officer in his official duties might be used to advance the
interest of his new employer to the detriment of Government’s interests.
[ Rule 10.]

9. State the conditions under which a pensioner, who immediately

before retirement was a member of a Central Civil service , Group ‘A’ ,
can accept any employment under any Government outside India. What
would be the amount of pension admissible to him during the period of
such employment ?

Ans.- A Pensioner who immediately before his retirement was a member of

Central Civil Services, Group ‘A’ ,should obtain the previous permission of the
Government of India before he accepts any employment under a Government
outside India. If he accepts such employment without obtaining the previous
permission of India, no pension will be admissible to him in respect of any
period for which he was so employed or any longer period as the Government
of India may direct.

2. If such a pensioner accepts such employment after obtaining the

previous permission of the Government of India, he can draw his pension as
usual.
3. If a Group ‘A’ Officer is permitted to take up any such employment
under a Government outside India during the period of leave preparatory to
retirement, no fresh permission is necessary for continuing the employment
after retirement.
[ Rule 12, ]

10. Define ‘Qualifying Service’

SAT 79
Ans .- ‘Qualifying Service’ means service rendered by a Government servant
while on duty oor otherwise which shall be taken into account for the purpose
on pensions and gratuities admissible under CCS (Pension) Rules, 1972.
[ Rule 3 (i) (q).]

11. Enumerate and briefly explain the conditions subject to which

service qualifies for pension.

Ans.- (1) The service of a Government servant does not qualify for pension
unless his duties and pay are regulated by the Government, or under
conditions determined by the Government.

(2) The expression ‘service’ means service under Government and aid
from the Consolidated Fund of India or a Local Fund administered by Central
Government but does not include service in a non-pensionable establishment
unless such service is treated as qualifying service by the Central
Government.

(3) In the case of a State Government servant permanently transferred

to Central Government, the continuous service rendered under the State
Government in an officiating or temporary capacity, if any, followed without
interruption by substantive appointment or the continuous service rendered
under Central Government in an officiating or temporary capacity, as the case
may be, will qualify. This does not apply to any such Government servant who
is appointed otherwise than by deputation to the Centre.
[ Rule 14.]

(4) Service on probation against a post if followed by confirmation in

the same or another post will qualify.
[ Rule 15.]

(5) Service as an apprentice will not qualify, except in the case of SAS
apprentice in the India Audit and Accounts Department or the Defence
Accounts Department. [Rule 16.]

12. A person who is initially engaged on a contract for a specified

period is subsequently appointed in a pensionable post without
interruption. How is his service reckoned for the purpose of pension ?

Ans.- He may opt either for retaining the Contributory Provident Fund benefits
for the period covered by contract or to count that service in exchange for the
Contributory Provident Fund benefits. The option should be exercised within
three months of the date of issue of the permanent transfer, or if he is on
leave on that day, within three months of his return from leave, whichever is
later. If no option is exercised, the Government servant will be deemed to
have opted for retaining the Contributory Provident Fund benefits for the
contract service.
[ Rule 17.]

SAT 80
13. How would you regulate the pension of a Government servant who is
re-employed substantively, after getting compensation or invalid
pension/gratuity ?

Ans.- The Government servant has an option either –

(1) to continue to draw pension or retain the gratuity for his earlier
service, in which case his former service shall not count ass qualifying
service; or

(2) to cease to draw his pension and refund (i) the pension already
drawn, (ii) the value received for the commutation of a part of pension, (iii)
the amount of Retirement Gratuity, including service gratuity, if any and count
the previous service as qualifying service.

2. The option should be exercise within three months of the date of

issue of the order of substantive appointment, or if the officer is on leave on
that day, within three months of his return from leave, whichever is later. If no
option is exercised within this time-limit, the Government servant will be
deemed to have opted to retain the pension/gratuity for the earlier service.

3. The Government servant who exercises option (2) is not required to

refund the pension drawn by him prior to the date of his re-employment and
also the amount of pension which has been taken into account for fixation of
his pay in the re-employment post (i.e., the amount of pension by which his
pay in the re-employed post was reduced). He will be required to refund (i) the
amount of Retirement Gratuity/Service Gratuity, (ii) the amount of pension
which was either ignored or not taken into account while fixing hi pay in the re-
employed post, (iii) the value received by him for the commutation of a part of
his pension, if any. The amount which is required to be refunded by him may
be refunded in monthly installments not exceeding 36 in number and his right
to count previous service as qualifying service will not revive until the whole
amount has been refunded. If he dies before the entire amount is refunded ,
the unrefunded amount may be adjusted from the death gratuity payable to
his family.

4. In the case of a Government servant who opts for ( 1) above, the two
separate pensionary benefits (i.e., the pension for his former service and the
pension admissible for the service on re-employment ) put together cannot
exceed that which would be admissible on final retirement if both the periods
(i.e., the period of his former service as well as the period of service in the re-
employment post) had been combined . On this basis , the pension and
Retirement Gratuity for the second service would be adjusted.

5. Re-employment temporary Government servants, who in respect of

the second spell of their service have rendered 10 years’ temporary service
before attaining the age of superannuation or who expect to complete 10
years; service at the time of attaining the age of superannuation are also
eligible to exercise the option referred to to above. If such a Government
servant, after exercising the option but before attaining the age of

SAT 81
superannuation, ceases to be in service for any reason, the option exercised
by him will be treated as null and void.
[ Rule 18 and GID thereunder.]

14. Can pre-retirement Civil Service in the case of a re-employed

Government servant for pension ? Elaborate.

Ans. See answer to Q. 13.

15. A Government servant who is re-employment in a civil post before

attaining the age of superannuation, had rendered regular military
service before such re –employment . How is his previous service
reckoned for pension in the civil post?

Ans. 1. The Government servant has an option either –

(a) to continue to draw military pension or retain the gratuity for his
earlier military service in which case his former military service shall
not count as qualifying service in the civil post; or
(b) to cease to draw his pension and refund (i) the pension already
drawn, (ii) the value received for the commutation of a part of
military pension, and (iii) the amount of Retirement Gratuity
including Service Gratuity, if any , and count previous military
service as qualifying service. The service so allowed to count will be
restricted to the extent it was paid from the Consolidated Fund of
India or for which pension contribution has been received by
Government.
2. The option should be exercised within one year from the date of
joining the Civil service or post. The order of re-employment should have a
clause to this effect. If no option is exercised within this time-limit, he will be
deemed to have opted to continue to draw the military pension or retain
gratuity received on discharge from military service.

3. The Government servant who elects option (b) is not required to

refund the pension drawn by him prior to the date of re-employment and also
the amount of pension which has been taken into account for fixation of his
pay in the re-employed civil post) i.e., the amount of pension by which his pay
in the re-employed civil post has been reduced). He will be required to refund
(i) the amount of Gratuity/Service Gratuity, (ii) the amount of pension which
was either ignored or not taken into account while fixing his pay in the re-
employed civil post, and (iii) the value received for the communication of a
part of his military pension, if any. The amount while fixing his pay in the re-
employed by him may be refunded with simple interest at the prescribed rate
from the date of joining the Civil post in monthly instalments not exceeding 36
in number and his right to count the previous military service as qualifying
service will not revive until the whole amount has been refunded to
Government. If he dies before the entire amount is refunded, the unrefunded
amount may be adjusted from the Death Gratuity payable to his family.

SAT 82
 4. Such of the Ex-Military personal re-employed in Civil posts who
retire on superannuation or invalidation without confirmation in Civil posts
after rendering not less than ten years of combined Military and Civil service
are also entitled to the benefit of counting previous military service for Civil
pension.
[Rule 19 read with GID (1) thereunder. ]

16. An employee of a Central Autonomous Body was transferred to and

permanently absorbed in a Central Government Department. Is there any
provision to count the service rendered under the Autonomous Body as
qualifying service for pension ? If so, what is the procedure to be
followed in such cases ?

Ans. 1. The service rendered under a Central Autonomous Body will count as
qualifying service for pension under Central Government, if the Autonomous
Body from which the employed was transferred has pension scheme in
operation. In such cases, the Autonomous Body should pay to the
Government in lump sum as a one-time payment, the pro rata pension or
service gratuity or terminal gratuity, as the case may be and retirement
gratuity, if any, for the service up to the date of absorption under the Central
Government. The lumpsum amount of the pension will be determined with
reference to commutation table laid down in CCS (Commutation of Pension)
Rules.

2. An employee of a Central Autonomous Body where the pension

scheme is not in operation, on permanent absorption under the Central
Government will have the option either to receive Contributory Provident Fund
benefits which have accrued to him from the Autonomous Body and start his
service afresh in Government or choose to count service rendered in that
body as qualifying service for pension in Government by forgoing employer’s
share of Contributory Provident Fund contributions with interest thereon,
which will be paid to the concerned Government Department by the
Autonomous Body. The option should be exercised within one year from the
date of absorption under Central Government. If no option is exercised within
stipulated period, he will be deemed to have opted to receive CPF benefits, in
which case the former service rendered under the Autonomous Body will not
count as qualifying service for pension under Central Government.
[Appx. 11, Section 6, Swamy’s Pension Compilation]

17. Does time spent on leave count as pensionable service ? If so, to

what extent and under what conditions ?

Ans : All leave during service for which leave salary is payable and all
extraordinary leave granted on medical certificate and all extraordinary leave
granted due to inability of a Government servant to join or rejoin duty on
account of civil commotion or for prosecuting higher technical and scientific
studies shall count as qualifying service.
[Rule 21 and GID (3) thereunder]

SAT 83
18. How are periods of suspension treated for calculating the
pensionable service of an officer ?
OR

How are does a period of suspension count as qualifying service

for pension ?

Ans :- If, after the conclusion of the inquiry, the Government servant is fully
exonerated or the suspension is held to be wholly unjustified, or where only
minor penalty is imposed, the period of suspension will count as qualifying
service.

In other cases, the period of suspension will not count unless the
Competent Authority expressly declares at the time that it shall count to the
extent declared by him.

If the period of suspension is allowed to be converted into leave of the

kind due, it will count as if it is leave taken in the ordinary course.
[Rules 21, 23 and Administrative Instruction (3) below FR 54-B]

If a Government servant dies while under suspension before the

disciplinary or the Court proceedings instituted against him are concluded, the
period between the date of suspension and the date of death will be treated
as duty for all purposes.
[FR 54-B(2)]

19. How are the periods of extraordinary leave and suspension

treated for calculating the personable service of a Government servant
when there are no specific entries in the service record of the
Government servant as to whether such periods will or will not count as
qualifying service for pension ?

Ans :- Definite entries as to whether any period of extraordinary leave availed

of by the Government servant will or will not count as qualifying service for
pension are required to be made in the service records of the Government
servant concerned. Similarly definite entries are required to be made in the
service records of the Government servant concerned in respect of any period
spent under suspension.
If there are no definite entries recorded in the service records of the
Government servant concerned to the effect that such periods will not count
as qualifying service for pension and if it is not possible to rectify the omission,
such period(s) shall be reckoned as qualifying service for pension.
[GID below Rules 21 and 23]

20. What is the effect of dismissal or removal from service on

pension and gratuity ?

SAT 84
Ans :- Dismissal or removal of a Government servant from a service or post
entails forfeiture of his past service and he is not eligible for the grant of any
pension/gratuity.
However, if the case is deserving of special consideration, the authority
competent to dismiss or remove him from service, may grant a
compassionate allowance not exceeding two-thirds of compensation pension.
[Rules 24 and 41]

21. A Government servant, who is dismissed, removed or

compulsorily retired from service, is reinstated on appeal or review. How
is his past service and the period of interruption treated for the purpose
of pension ?

Ans :- On reinstatement after dismissal, removal or compulsory retirement,

the past service prior to the date of suspension counts as qualifying service
for pension.
The reinstating authority should specifically order as to (i) whether the
period of suspension, if any, shall be treated as duty or leave and (ii) whether
the period from the date of dismissal, etc., to the date of reinstatement shall
be treated as duty for the purpose of pension.
[Rule 25]

22. What is the effect of resignation on reckoning of service for

pension ?

Ans:- Resignation entails forfeiture of past service, except when it is submitted

to take up with proper permission, another pensionable appointment. The
interruption in service in a case covered by the above exception, not
exceeding the permissible joining time, will be regularized either by grant of
leave due or by formal condonation to the extent to which the period is not
covered by leave due to him. Resignation submitted by a Government servant
who is permitted to be absorbed in a corporation or company wholly or
substantially owned or controlled by the Central Government or State
Government will also not entail forfeiture of past service under Central
Government.
[Rule 26]

23. Can a resignation from service tendered by a Government servant

be allowed to be withdrawn ? If so, under what conditions may the
withdrawal be allowed ?

Ans :- . The Appointing Authority may permit a permanent Government

servant to withdraw his resignation which has become effective in the public
interest on the following conditions :-
(ix) that the resignation was tendered by the Government servant for
some compelling reasons which did not involve any reflection on his
integrity, efficiency or conduct and the request for withdrawal has

SAT 85
 been made as a result of a material change in the circumstances
which originally compelled him to tender the resignation;
(ii) that the resignation was not tendered with a view to taking up an
appointment in or under a private commercial company,
corporation/body/company owned or controlled or financed by the
Government;
(iii) that the conduct of the person was in no way improper during
the period the period from the date on which the resignation
became effective to the date of his request for withdrawal;
(iv) that the period of absence from duty between the effective date
of resignation and the date on which the person is allowed to
resume duty on withdrawal of resignation is not more than ninety
days;
(v) that the post vacated by the Government servant on his
resignation or any other comparable post, is available.

2. A resignation become effective when it is accepted and the

Government servant is relieved of his duties. If a Government servant sends
an intimation in writing to the Appointing Authority withdrawing his earlier letter
of resignation before the resignation become effective, the resignation will be
deemed to have been automatically withdrawn.

3. A resignation tendered by a temporary or quasi-permanent

Government servant and which has become effective, can be allowed to be
withdrawn under the orders of the Central Government.

[Rule 26(4) read with GID (2) thereunder]

24. What constitutes ‘interruption in service’ and how does it affect

pension ? What are the interruptions which do not entail forfeiture of
past service ?

Ans ;- Interruption means any kind of absence from duty and includes leave,
joining time, overstayal, periods of suspension, periods of absence after
dismissal, removal and compulsory retirement in cases of reinstatement, the
time taken by a person after resignation to take up another post, and so on.
The following kinds of interruption entail forfeiture of past service
qualifying for pension :-

(1) Resignation except for the purpose of taking another

appointment, with proper sanction.
(2) Dismissal
(3) Removal

The following kinds of interruption do not entail forfeiture of past service :-

(1) Authorized leave and joining time.

(2) Unauthorized absence in continuation of authorized leave of
absence so long as the post of the absentee is not filled
substantively.

SAT 86
 (3) Suspension, where it is immediately followed by reinstatement,
whether in the same, or a different post, or where the Government
servant dies or is permitted to retire or is retired on attaining the age
of retirement while under suspension.
(4) Transfer to non-qualifying service in an establishment under the
control of the Government if such transfer has been ordered by a
Competent Authority in the public interest.

Unauthorized absence, otherwise than in continuation of authorized leave,

entails forfeiture of past service qualifying for pension unless it is covered by
sanction of leave or commuted retrospectively by the Appointing Authority as
extraordinary leave.
[Rule 27]

25. What are the effects of interruption in service on service

qualifying for pension ?

Ans :- See Answer to Q. 24 above.

26 When and by whom may an interruption in service be condoned ?

Ans :- In the absence of a specific indication to the contrary in the Service

Book, an interruption between two spells of civil service rendered by a
Government servant under the Central Government including service
rendered and paid out of Defence Service Estimates or Railway Estimates
shall be treated as automatically condoned and the pre-interruption service
treated as qualifying service for pension. This will not apply in respect of
interruptions caused by resignation, dismissal or removal from service or for
participation in a strike. The period of interruption automatically condoned will
not, however, count as qualifying service.
[Rule 28]
27. A Government servant remained absent from duty unauthorizedly
for two days. Will this entail forfeiture of past service for he purpose of
pension ? If so, how can the past service be allowed to count as
qualifying service ?

Ans: Unauthorized absence from duty where it stands singly and not in
continuation of authorized leave of absence is an interruption in the service of
the Government servant entailing forfeiture of his past service for the purpose
of pension.
If such period of unauthorized absence is commuted retrospectively by
the Appointing Authority as extraordinary leave, the past service may be
allowed to count as qualifying service for pension.
[Rule 27]

28. What additions, if any, are made to qualifying service when a

Government servant is declared surplus?

SAT 87
Ans: When a Government servant who is declared surplus and transferred to
the Central Pool of Surplus Personnel, opts to retire voluntarily within two
months of his transfer to the pool and is permitted to retire , he will be entitled
to have five years added to the qualifying service rendered by him is not less
than fifteen years and the total qualifying service after the addition is not
more than the service he would have rendered had he retired on the date of
his superannuation.
[Rule 29.]

29. An Officer is deputed on foreign service for a period of five years

or more , to the United Nations and other organizations. How does the
foreign service affect his qualifying service?

Ans: A Government servant deputed on foreign service for a period off five
years or more , to the United Nations Secretariat or other United Nation
Bodies, the international Monetary Fund , the International bank of
Reconstruction and Development , the Asian Development bank or the
Commonwealth Secretariat , may at his option-

(a) pay the pension contributions in respect of his foreign service and
count such service as qualifying for pension under these rules;
(b) avail of the retirement benefits admissible under the rules of the
aforesaid organization and not count such service.
In the officer opts for Clause (b) above, retirement benefits are payable to him
in India in rupees from such date and in such manner as the Government
may, by order,, specify. Pension contribution, if any, paid by him, will be
refunded to him.
[Rule 31]

30. Can a Central Government employee elect to forgo his right to

pension? Is so, under what circumstances?

Ans: A Central Government employee deputed on foreign service for a

period of five years or more, to the United Nation Secretariat or other United
Nation Bodies, the International Monetary Fund, the International Bank of
Reconstruction and Development, the Asian Development Bank or the
Commonwealth Secretariat, may elect not to pay pension contribution and
forgo the pension for that period of service.
[Rule 31]

31. Define the term ‘emoluments’ for the purpose of pension. How are
they reckoned in the following cases?

(a) A Government servant is on leave with leave salary immediately

before retirement.
(b) A Government servant proceeds on leave preparatory to
retirement, with leave salary , after officiating in a higher post.
(c) A Government servant had been absent on extraordinary leave
immediately before retirement.

SAT 88
 (d) A Government servant earns an increment during leave
preparatory to retirement.
(e) A Government servant is on Foreign Service during a portion of
the last 10 months of his service.
(f) A department of the Central Government was converted as an
Autonomous Body and the Government servant transferred to
that body elects to retain the pensionary benefits under
Government Rules.

Ans: The term emoluments mean basic pay as defined in FR 9 (21) (a) (i)
which the Government servant was receiving immediately before his
retirement or on the date of his date. However, the non – practicing allowance
granted to the Medical Officers and the Stagnation Increment(s) will also be
treated as ‘emoluments’.
They will be reckoned as follows respectively:-

(a) The emoluments which he would have drawn had he not gone on leave
will be taken
(b) The emoluments which he would have drawn had he not gone on leave
will be taken .The benefits of the emoluments drawn in higher
appointment will be given if it is certified that he would have continued
to hold the higher appointment but for his proceeding on leave,
(c) The emoluments which he drew immediately before proceeding on
extraordinary leave will be reckoned as emoluments .
(d) An increments occurring during the first 120 days of earned leave , will
be counted as emoluments though not actually drawn.
(e) Pay drawn while on foreign service will not be treated as emoluments,
but the pay which he would have drawn under Government, and he not
been on foreign service, will alone be treated as Government, had he
not been on foreign service , will alone be treated as emoluments.
(f) When a Government department is converted as an Autonomous Body
and the Government servant transferred to such Autonomous Body
desires top avail the pensionary benefits under the Government rules,
the emoluments drawn by him in the Autonomous Body will be treated
as ‘emoluments’ for pension.

32. (a) Define “Average Emoluments’ for pension.

(b) How will you calculate ‘Average Emoluments’ for the purpose
of pension?
OR
What are the principles governing the computation of ‘Average
Emoluments’ for pension?

Ans: (a) For the purpose of determination of pension, ‘Average

Emoluments’ means the average of monthly emoluments drawn by the
Government servant during the last ten months of his service.

SAT 89
(b) 1. Average emoluments for the purpose of pension is calculated on the
basis of ‘ emoluments’ as defined in Rule 33 of CCS (pension) Rules , drawn
by the Government servant during the last 10 months of his service.

2. Periods of Extraordinary leave, overstayal of leave or joining time ,

suspension not qualifying for pension , if any, falling within the last 10 months
will be disregarded and an equal of such period will be added , before 10
months.

3 In respect of periods of leave salary and suspension qualifying for

pension falling within the 10 months , the emoluments which the Governments
servant would have drawn had he not been on such leave or suspension will
also be treated as emoluments and not the actual leave salary or subsistence
allowance drawn.

4. Increments falling due during the periods of the earned leave not
exceeding 120 days or during the first 120 days of the earned leave if the
leave period exceed 120 days , though not actually drawn, will from part of
emoluments. In other cases of leave, the undrawn increments will not be
taken into accounts as emoluments.

5. In the case of periods of leave with leave salary availed of while

holding a higher post in a temporary or officiating capacity, the emoluments
which would have been drawn by the Government servant in the higher post
has he not been on leave will be treated as emoluments for the purpose of
Average Emoluments only if it is certified that but for his proceeding on leave,
the Government servant would have continued to hold the higher officiating or
temporary post. If such a certificate is not given , the emoluments which the
Government servant would have drawn in his substantive post will only be
treated as emoluments for the periods of such leave.

6. Average emoluments should be worked out up to two places of

decimal.
[Rule 33 and 34]
33. How do you reckon emoluments for the purpose of ‘average
emoluments’ in the following cases?

(1) A Government servant was under suspension for some time

during the last 10 months of his service before retirements .Though on
reinstatement the period was ordered by the Competent authority to be
treated as qualifying service for pension, the pay and allowances for the
period were restricted to the Subsistence Allowance already paid to him.
(2) A Government servant proceeds on leave preparatory to
retirement for a period of 120 days on earned leave followed by 100 days on
half pay leave. But for leave he would have got promotion to a higher post on
an officiating.
(3) A Government servant is under suspension for some period
during the last ten months of his service and that period is not counted as duty
for the purpose of pension.

SAT 90
 (4) A Government servant earns an increment during earned leave
preparatory to retirement.
(5) A Government servant during his last 10 months of his months
of his service was on Extraordinary Leave on MC for 20 days in one month
and overstayal of leave by 5 days in another month.

Ans: The average emoluments will be determined with reference to the

emoluments drawn during the last 10 complete months of service .In Cases
(1) and (5) , they will be reckoned as follows:
(1) The emoluments which he would have drawn had he not been suspended
will be included in the calculation.
(2) The increase in pay not actually drawn cannot be included in the
calculation of average emoluments as he did not hold the higher post in
the officiating or temporary capacity before proceeding on leave.
(3) The period of suspension which is not treated as duty for the purpose of
pension will be disregarded in the calculation of average emoluments and
an equal period before 10 months will be included.
(4) The increment earned during the period of earned leave not exceeding
120 days which is not withheld, will be included in the calculation of
average emoluments ,though not actually drawn.
(5) The periods of extraordinary leave and overstayal of leave will be
disregarded in the calculation of average emoluments and an equal period
before the 10 months shall be included. Though Extraordinary leave on
MC will count as qualifying service for pension, if will be disregarded while
calculating the average emoluments.

[Rule 33, 34 and Notes there under]

34. How would you compute average emoluments for the purpose of
pension, during leave period in respect of a deputationist who, while
under order of reversion to his parent department, give notice of
voluntary retirement and also supplies for leave coterminous with the
period of notice.

Ans :- The emoluments for the leave period for the purpose of calculating of
average emolument for pension should be taken as what the emoluments
would have been, had the Government servant not absent from duty from the
post he was holding under borrowing Department before he proceeded on
such leave.
[GID (4) below Rule 34]

35. Define ‘Emoluments’ and ‘Average Emoluments’

Ans :- ‘Emoluments’ means basic pay as defined in FR 9(21) (a) (i) and
includes non-practicing allowance granted to Medical Officers and Stagnation
Increments(s). ‘Average emoluments’ means the average of the ‘emoluments’
drawn by the Government servant during the last ten months of his service.
[Rule 33 and 34]

SAT 91
36. Mention the different kinds of pensions admissible to a
Government servant and the main conditions relating to grant of each
kind of pension.

Ans :- The different kinds of pensions are indicated below with a brief
description of each :-

Superannuation Pension :- Superannuation Pension is granted to a

Government servant who is retired on his attaining the age of
retirement.
Retiring Pension :- A retiring pension is granted to a Government
servant :-

(a) who retires, or is retired, in advance of the age of retirement by giving

the prescribed notice under Rule 48 or 48-A of CCS (Pension) Rules or
Clause (k) or (j) of FR 56;
(b) who, on being declared surplus, opt for voluntary retirement under Rule
29 of the CCS (Pension) Rules ; and
[Rule 36]

Invalid Pension :- A Government servant who is declared by the

appropriate Medical Authority to be permanently incapacitated for further
service is granted invalid pension.

When the Medical Authority declares that the Government servant is fit
for further service of less laborious character, he may be employed on lower
pay. If thee are no means of employing him even on lower pay, he may be
admitted to invalid pension.
[Rule 38]

Compensation Pension:- A Government servant who is discharged

from service on the abolition of his permanent post and for whom a suitable
appointment of equal rand cannot be found may be granted compensation
pension. If a lower post is offered and not accepted, even then compensation
pension is granted.
A notice of three months (or pay in lieu of such notice) should be given
prior to discharge on compensation pension. No pension is payable for the
period for which pay in lieu of notice is paid. If he is re-employed during the
period for which pay and allowances in lieu of notice period has been paid, he
should refund the pay and allowances so received for the period following his
re-employment.

If a Government servant on compensation pension accepts another

appointment and subsequently becomes entitled to pension, his pension
should not be less than the compensation pension which he would have got
had he not accepted the second appointment.
[Rule 39]

SAT 92
Compulsory Retirement Pension :- A Government servant compulsorily
retired from service as a penalty may be granted by the authority competent
to impose that penalty, pension or gratuity or both at a rate not less than two-
thirds and not more than full compensation pension or gratuity or both
admissible to him on the date of his compulsory retirement. When the order of
awarding a reduced pension/gratuity (i.e less than full pension) is passed by
the President, the UPSC should be consulted before such order is passed.
The pension granted should not be below the minimum amount prescribed
under Rule 49 of the CCS (Pension) Rules.
[Rule 41]

Compassionate Allowance :- A Government servant who is dismissed or

removed from service forfeits his pension and gratuity. But in cases deserving
of special consideration, the authority competent to dismiss or remove the
Government servant, may sanction a Compassionate Allowance not
exceeding two-thirds of pension or gratuity or both which would have been
admissible to him had he retired on compensation pension. A Compassionate
Allowance should not be less than the minimum amount prescribed under
Rule 49 of the CCS (Pension) Rules.
[Rule 41]

In all the above cases, the amount of pension admissible shall not be
less than 50% of the minimum of the scale of pay of the post held at the time
of retirement, if the official has got qualifying service of 33 years or more. In
other cases, it will be proportionate to the qualifying service subject to a
minimum of Rs. 1,275 p.m.

Extraordinary Pension:- This is awarded to an officer or his heirs

when he is injured or dies in performance of his duty and the injury or death is
attributable to Government service. This can be sanctioned by the authority
competent to appoint the Government servant concerned in consultation with
the Accounts Officer of the department concerned and will be admissible in
addition to any other kind of pension.
[Appx 3]
37. Distinguish between ‘Compassionate Allowance’ and
‘Compensation Pension’

Ans :- Compensation Pension is granted to a Government servant when he is

discharged on account of the abolition of his permanent post and he could not
be appointed to another post, the conditions of which are at least equal to
those of his own permanent post, the conditions of which are at least equal to
those of his won permanent post. It is given according to the full scale
admissible for the length of his service. The Government servant is entitled to
such pension under the statutory rules. On the other hand, Compassionate
Allowance is granted to a Government servant who is dismissed or removed
from service and thereby forfeits his claim for pension and gratuity, at the
discretion of the Competent Authority. The amount of Compassionate
Allowance granted should not exceed two-thirds of pension of gratuity or both
which would have been admissible to him if such Government servant had
retired on compensation pension.

SAT 93
 [Rules 39 and 41]

38. Distinguish between ‘Superannuation Pension’ and ‘Retiring

Pension’

Ans :- Superannuation Pension is granted to a Government servant who

retires on his attaining the age of retirement (i.e., 60 years) whereas the
Retiring Pension is granted to a Government servant (i) who retires or is
retired in advanced of the date of his attaining the age of retirement is
accordance with Rules 48, 48-A of CCS (Pension) Rules, 1972, or Rules 56 of
Fundamental Rules, or (ii) who on being declared surplus, opts for voluntary
retirement in accordance with the provisions of Rule 29 of CCS (Pension)
Rules, 1972.
[Rules 35 and 36]

39. Distinguish between ‘Compensation Pension’ and Superannuation

Pension’.

Ans :- Compensation Pension is granted to a Government servant who is

discharged from service on the abolition of his permanent post and for whom
a suitable appointment of equal rank cannot be found whereas
Superannuation Pension is granted to a Government servant who retires from
service on his attaining the age of retirement.
[Rules 39 and 35]

40. To whom is a ‘Retiring Pension’ granted ?

OR
Distinguish between ‘Retiring Pension’ and ‘Compulsory
Retirement Pension’.

Ans:- 1. The ‘retiring pension’ is granted a Government servant (i) who

retires or is retired from service in advance of the age of retirement on
superannuation under the provisions of FR 56 or Rule 48 or 48-A of CCS
(Pension) Rules, 1972, or (ii) who on being declared surplus, opts for
voluntary retirement under the provisions of Rule 29 CCS (Pension) Rules. In
such cases, full pension as admissible under the rules will be granted.
2. The ‘compulsory retirement pension’ is granted to a Government
servant who is retired from service as a penalty. The amount of pension or
gratuity or both shall be restricted to not less than two-thirds and not more
than full compensation pension or gratuity or both admissible to him on the
date of compulsory retirement.
3. The distinction lies in the nature of retirement and entitlement to the
quantum of pension. In the case of ‘retiring pension’, full quantum of pension
admissible under the rules should be granted, whereas in the case of
‘compulsory retirement pension’ some reduction in the quantum of pension
can be made.
[Rules 36 and 40]

SAT 94
41. Distinguish between ‘Retiring Pension’ and ‘Pension on
Absorption in/or under a Corporation’.

Ans :- Retiring Pension is granted to a Government servant (i) who retires or

is retired in advance of the date of his retirement on superannuation in
accordance with Rules 48, 48-A of CCS (Pension) Rules or Rule 56 of
Fundamental Rules, or (ii) who being declared surplus, opt for voluntary
retirement in accordance with the provisions of Rule 29 of CCS (Pension)
Rules, whereas Pension on Absorption in or under a Corporation, is granted
to a Government servant who is permanently absorbed in a Corporation or
company or body owned/controlled/financed by Government. In both the
cases, the Government servant is entitled to received lumpsum Retirement
Gratuity and Monthly Pension.
[Rules 36, 37 and 37-A]

42. What is ‘Invalid Pension’ ? What are the conditions for the grant of
such pension ?

Ans:- 1. A permanent Government servant or a temporary Government

servant who has rendered not less than 10 years service, who retires from
service before attaining the age of superannuation on account of any bodily or
mental infirmity which permanently incapacitates him for the service is entitled
for the grant of pension. This pension is titled as ‘Invalid Pension’.

2. A Government servant applying for an invalid pension should submit a

Medical Certificate of incapacity from (a) a Medical Board, if he is a Gazetted
Officer or is drawing the pay exceeding Rs. 2,200 p.m (pre-revised scale) (b)
Civil Surgeon or a District Medical Officer or Medical Officer of equivalent
status, if he is a non-Gazetted Government servant and drawing pay not
exceeding Rs. 2,200 p.m (pre-revised scale).

3. If the Medical Authority certifies that the Government servant is fit for
further service of less laborious character than that which he had been doing
and the Government servant is also willing, he may be employed on a lower
post. If there be no means of employing him even on a lower post, the
Government servant may be admitted to invalid pension.
[Rule 38, CCS (Pension) Rules and Rule 10, CCS (TS) Rules, 1965]

43. State the salient features of the ‘Voluntary Retirement’ on

completion of 20 years’ qualifying service under Rule 48-A of CCS
(Pension) Rules.

Ans :- 1. Permanent/Temporary Government servants who have put in

not less than 20 years of qualifying service/service may retire under Rule 48-A
of CCS (Pension) Rules with the benefit of ‘Retirement Pension’.

SAT 95
2. This scheme is purely voluntary and Government have no reciprocal
power to retire a Government servant under this scheme.

3. The Government servant is required to give a notice of not less than

three months in writing to the Appointing Authority and the retirement is
subject to the acceptance of the notice by the Appointing Authority. If the
Appointing Authority does not refuse to grant the permission for retirement
before the expiry of the period specified in the notice, the retirement shall
become effective from the date of expiry of the said period. At the request of
the Government servant, the Appointing Authority may allow shorter period of
notice on the condition that he shall not apply for commutation of a fraction of
his pension before the expiry of the notice period. The notice may be
withdrawn subsequently before the expiry of notice period with the approval of
the Appointing Authority.

4. Weightage of up to five years is admissible as an addition to the

qualifying service actually6 rendered by the Government servant retiring
under this scheme. The grant of weightage in qualifying service is subject to
the following limitations :-

(i) the total qualifying service after allowing the weightage should
not, in any event, exceed 33 years of qualifying service, and
(ii) the total qualifying service after giving the weightage should not
exceed the qualifying service which the Government servant
would had, if he had retired on attaining the age of
superannuation.
5. These provisions do not apply to a Government servant who retires
under Rule 29 of CCS (Pension) Rules of retires for being permanently
absorbed in an Autonomous Body or a Public Section Undertaking.

6. The pension and retirement gratuity will be based on the

‘emoluments/average emolument as defined in Rules 33 and 34, CCS
(Pension) Rules and the weightage in qualifying service will not entitle him to
any notional fixation of pay for the purpose of calculating pension and
retirement gratuity.

44. A Government servant who has completed 20 years of qualifying

service he applied for voluntary retirement from Government service. He
was to avail of EOL during the period of his notice of voluntary
retirement. Comment.

Ans :- A Government servant who has completed 30 years qualifying service

may retire from service with pensionary benefits before he attains the age of
superannuation by giving a notice in writhing to the Appointing Authority at
least three months before the date on which he wishes to retire. In this case,
he is exercising his right to retire and the acceptance of the notice by the
Appointing Authority is not necessary.

At the request of the Government servant, the Appointing Authority

may permit curtailment of the notice of three months on the condition that the

SAT 96
retiring Government servant shall not apply for commutation of a fraction of
his pension before the expiry of the notice period of three months. In both the
cases, the Government servant is entitled to received lumpsum Retirement
Gratuity and Monthly Pension.
[Rules 36,37 and 37-A]

42. What is ‘Invalid Pension’ ? What are the conditions for the grant of
such pension ?

Ans :- 1. A permanent Government servant or a temporary Government

servant who has rendered not less than 10 years service, who retires from
service before attaining the age of superannuation on account of any bodily or
mental infirmity which permanently incapacitates him for the service is entitled
for the grant of pension. This pension is titled as ‘Invalid Pension’

2. A Government servant applying for an invalid pension should submit a

Medical Certificate of incapacity from (a) a Medical Board, if he is a Gazetted
Officer or is drawing the pay exceeding Rs. 2,200 p.m. (pre-revised scale) (b)
Civil Surgeon or a District Medical Officer or Medical Officer of equivalent
status, if he is a non-Gazetted Government servant and drawing pay not
exceeding Rs. 2,200 p.m. (pre-revised scale).

3. If the Medical Authority certifies that the Government servant is fit for
further service of less laborious character than that which he had been doing
and the Government servant is also willing, he may be employed on a lower
post. If there be no means of employing him even on a lower post, the
Government servant may be admitted to invalid pension.

[Rule 38, CCS (Pension) Rules and Rule 10, CCS (TS) Rules, 1965]

43. State the salient features of the ‘Voluntary Retirement’ on

completion of 20 year’ qualifying service under Rule 48-A of CCS
(Pension) Rules .

Ans :- 1. Permanent/Temporary Government servants who have

put in not less than 20 years of qualifying service/service may under Rule 48-
A of CCS (Pension) Rules with the benefit of ‘Retiring Pension’.

2. This scheme is purely voluntary and Government have no reciprocal

power to retire a Government servant under this scheme.

3. The Government servant is required to give a notice of not less than

three months in writing to the Appointing Authority and the retirement is
subject to the acceptance of the notice by the Appointing Authority. If the
Appointing Authority does not refuse to grant the permission for retirement
before the expiry of the period specified in the notice, the retirement shall
become effective from the date of expiry of the said period. At the request of
the Government servant , the Appointing Authority may allow shorter period of
notice on the condition that he shall not apply for commutation of a fraction of

SAT 97
his pension before the expiry of the notice period. the notice may be
withdrawn subsequently before the expiry of notice period with the approval of
the Appointing Authority.

4. Weightage of up to five years is admissible as an addition to the

qualifying service actually rendered b y the Government servant retiring
under this scheme. The grant of weightage in qualifying service sis subject to
the following limitations:--

(v) the total qualifying service after allowing the weightage should
not, in any event, exceed 33 years of qualifying service, and

(vi) the total qualifying service after giving the weightage should not
exceed the qualifying service which the Government servant
would have had, if he had retired on attaining the age of
superannuation.
5. These provisions do not apply to a Government servant who retires
under Rules 29 of CCs (pension) Rules Sector Undertaking.

6. The pension and retirement gratuity will be based on the

‘emoluments/average emolument as defined in Rules33 and 34, CCS
(Pension) Rules and the weightage in qualifying service will not entitle
him to any notional fixation of pay for the purpose of calculating
pension and retirement gratuity.
[ Rules 48-A and 48-B]

44. A Government servant who has completed 20 years of qualifying

service has applied for voluntary retirement from Government service.
He was to avail of EOL during the period of his notice do voluntary
retirement. Comment.

Ans:- Extraordinary leave cannot be termed as leave standing to the credit of

a Government servant and, therefore, it cannot run concurrently with the
period of notice given by him for seeking voluntary retirement.
[GID (1) below Rule 48-A.]
45. Can a Government servant who has completed 30 years of
qualifying service retire voluntarily before he attains the age of
superannuation? If so, to what pensionary benefits will he be entitled?

Ans:- A Government servant who has completed 30 years of qualifying

service may retire from service with pensionary benefits before he attains the
age superannuation by giving a notice in writing to the Appointing Authority at
least three months before the date on which he which he wished to retire. In
this case, he is exercising his right to retire and the acceptance of the notice
by the Appointing Authority is not necessary.

At the request of the government servant, the Appointing Authority may

permit curtailment of the notice period of three months on the condition that
the retiring Government servant shall not apply for commutation of a fraction
of his pension before the expiry of the notice period of three months.

SAT 98
 Weightage is admissible as an addition to the qualifying service
actually rendered by the Government servant subject to the following
conditions:--

(i) The total qualifying service after allowing the weightage should
not, in any event, exceed 33 years of qualifying service; and

(ii) The total qualifying service after giving the weightage should not
exceed the qualifying service which the Government servant
would have had, if he had retired on attaining the age of
superannuation.
[ Rules 48 (1) and 48-B.]

46. Enumerate the cases where a Government servant can get

pension and retirement gratuity for years of qualifying service more than
that actually rendered by him.

Ans:- In the following cases, a Government servant can get pension and
retirement gratuity for more number of years than the number of years of
qualifying service actually rendered by him:--

(i) Under Rule 29, CCs (Pension) Rules, 1972, a Government

servant who after having been declared surplus to the establishment in
which he was serving and transferred to the central pool of surplus
personnel in the Cabinet Secretariat, Department of Personnel, opts to
retire voluntary within two months of his transfer to the pool is entitled
to have five years added to the qualifying service rendered by him
subject to certain conditions.

(ii) Under Rules 30, CCS (Pension) Rules, 1972 addition to qualifying
service is admissible in the case of Government servants appointed to
posts for which postgraduate research or specialist qualification or
experience in scientific, technological or professional fields is essential.

(iii) Weightage in qualifying service up to a maximum of five years is

admissible in the cases of Government servants who retire voluntarily
before attaining the age of superannuation under the provisions of FR
56 (k) or Rules 48 (1) or 48-A of CCS (Pension) Rules, 1972, vide Rule
48-B, CCS (Pension) Rules.

47. What benefits are admissible to a Government servant on

deputation to an Autonomous Body/Undertakings who is permitted to be
absorbed permanently in the autonomous Body/Undertakings?

Ans:- A Government servant who has been permitted to be absorbed in a

service or post in or under san Autonomous Body, a Corporation or Company
substantially owned or controlled by the Government in the public interest, will
be deemed to have retired from Government service from the date of
absorption and will be eligible for retirement benefits admissible under CCS

SAT 99
(Pension) Rules and receive the monthly pension and retirement gratuity
under the usual Government arrangements. He is eligible to commute up to
40% of his pension without undergoing medical examination.

2. The family of such Government servant will be eligible for the grant of
family pension under Rule 54 of CCS (Pension) Rules, provided there
is no Family Pension scheme available in such Undertakings.
3. He will also be entitled for encashment in respect of EL at credit
subject to a maximum of 300 days including any encashment availed
along with LTC. The half pay leave at his credit shall stand forfeited.
[ Rule 37 of CCS (pension) Rules and Order (9), Appx. 11 Swamy’s
Pension Compilation.]

48. A permanent Central Government servant borne on pensionable

establishment, deputed to a Central Autonomous Body where the
pension scheme is in operation, is absorbed permanently in that body.
He desires to receive Retirement Gratuity and capitalized value of
pension for the service rendered under the Government. Is it
admissible? If not, what is the producer prescribed in such cases?

Ans:- Central Government servants who are permanently absorbed in the

Central Autonomous Bodies having Pension Scheme will have an option to
receive pro rata retirement benefits in respect of the period of service rendered
under the Government or continue to have the benefit of combined service
under the government and in the Autonomous Bodies for the purpose of
retirement benefits.

If they opt to receive pro rata retirement benefits in respect of the

period of service rendered under the Government, they can receive pro rata
monthly pension and retirement gratuity as admissible under the rules.

If they opt to have the benefit of combined service under the

Government and in the Autonomous bodies for the purpose of retirement
benefits, the service rendered by them under the Government will be allowed
to count as qualifying service for pension under the Autonomous Body. The
Government will discharge its pension liability by paying to the Autonomous
Body in lumpsum as one-time payment, the pro rata pension or service
Gratuity or Terminal Gratuity, as the case may be and Retirement Gratuity, if
any, for the service up to the date of absorption in the Autonomous Body. The
lumpsum amount or pro rata pension will be determined with reference to the
Commutation table laid down in CCS (Commutation of Pension) Rules, 1981.

[Order (1) in section 6, Appx.-11, Swamy’s Pension Complilation.]

49. What changes have been made in reckoning ‘emoluments’ for

calculation of pension and gratuity, method of calculating pension, etc.,
in respect of Government servants who retire or die while in service on
or after 1st January, 1966?

SAT 100
Ans:- The following changes have been made in the determination of
retirement/death benefits in respect of Government servants who retire or die
while in service on or after 1-1-1996.---

(i) ‘Emoluments’ for the purpose of pension will mean basic pay as
defined in FR 9 (21) (a) (i), non-practising allowance and stagnation
increment(s).
For purpose of gratuity, “emoluments” will in addition include
Dearness Allowance received on the date of retirement/death.

(ii) Pension will be 50% of the ‘average emoluments’ for the last ten
months of service subject to a minimum of 50 % of the minimum of
the scale of pay of the post held lat the time of retirement and a
maximum of 50 % of the highest pay in the Government. This is for a
qualifying service of 33 years. For qualifying service less than 33
years, the amount of pension will be proportionate to the amount of
pension admissible for 33 years qualifying service subject to a
minimum of Rs. 1,725 per month.

(iii) Retirement gratuity admissible on retirement will be calculated at ¼th

of his emoluments for each completed six-monthly period of
qualifying service subject to a maximum of 16½ times the
emoluments and also to the maximum of Rs. 3.5 lakhs.

(iv) The service gratuity (instead of pension) admissible to a Government

servant who retires before completing 10 years of qualifying service
will be calculated at half-month’s emoluments for every completed
six-monthly period of qualifying service.

(v) The death gratuity admissible to the family of a Government servant

(both permanent and temporary) in the event of the death of the
Government servant while in service will be determined in the
following scale:--
Length of service Rate of gratuity

(i) Less than one year … 2 times of emoluments.

(ii) One year or more but less
than 5 years.
(iii) 5 years or more but less
than 20 year
(iv) 20 years or more
… 6 times of emoluments.
…
… 12 time of emoluments.
… Half of emoluments for every
Completed six-monthly period
of qualifying service subject to
a maximum of 33 times
emoluments and to a
maximum of Rs, 3.5 lakhs.
[ Rules 49 and 50.]

50.Write short notes on---

SAT 101
 (i) Pension
(ii) Retirement Gratuity.
(iii)Death Gratuity.
(iv) Service Gratuity.
(v) Pension equivalent of death-cum-Retirement Gratuity.

(i) Pension is the monthly payment admissible to a Government

servant after his retirement from active service and is payable
throughout his lifetime. It is admissible only to those
permanent/temporary Government servants who retire from service
either on attaining the age of superannuation or on invalidation, after
rendering a minimum of 10 years of service or retire voluntarily after
completion of twenty years of continuous service. The quantum of
pension is related to (i) the number of years of qualifying service
rendered by the government servant, and (ii) the average of the
‘emoluments’ drawn by him during the last ten months of his service. It
is subject to a minimum of 50 % of the minimum of the scale of pay of
the post held at the time of retirement for 33 years of qualifying service
and in any case not less than Rs. 1,275 p.m.
[Rule 49.]

(ii) Retirement Gratuity is a lumpsum amount payable to a

permanent/temporary Government servant who retires from service
after completing not less than five years of qualifying service. It is
related to (i) the number of years of qualifying service rendered by the
Government servant, and (ii) the ‘emoluments’ drawn by him at the
time of retirement. It is calculated at ¼th of his emoluments for each
completed six-monthly period of qualifying service and restricted to a
maximum of 16½ times the emoluments for calculating gratuity.
[Rule 50.]

(iii) Death Gratuity is a lumpsum amount payable to the family of a

Government servant (whether permanent or temporary) who dies while
in service. It is calculated in the following scales:-

Length or service Rate of gratuity

(ii) Less than one year … 2 times of emoluments.

one year or more but less
(iii) than 5 years. … 6 times of emoluments.
(iv) 5 years or more but less
than 20 years … 12 times of emoluments

(v) 20 years or more … Half of emoluments fore very

completed six-monthly period of
qualifying service subject to a
maximum or 33 times emoluments or
Rs. 3.5 lakhs, whichever is less.

SAT 102
 “ Emoluments” include Dearness Allowance on the date of death.
[Rule 50.]

(iv) Service gratuity:--- A Government servant who retires from service

Before completing 10 years of qualifying service is not eligible for the
payment of monthly pension but is eligible for the payment of a
lumpsum amount which is termed as ‘service gratuity’. This is in lieu of
pension and is quite different from retirement gratuity. A Government
servant who reties from service after completing 5 years of qualifying
service but before competing 10 years of qualifying service is eligible
for the payment of both service gratuity and retirement gratuity. The
service gratuity is related to (i) The length of qualifying service and (ii)
the ‘emoluments’ drawn by the Government servant at the time of his
retirement. The service gratuity is calculated at uniform rate of half-
month’s emoluments for every competed six-monthly period of
qualifying service.
[Rule 49.]
(v) Pension equivalent of retirement gratuity is the notional amount arrived
at in the following manner:-

Pension equivalent of retirement Amount of retirement gratuity

gratuity = Commutation value of each
Rupee per annum X 12

51. How is the amount of amount calculated when an employee

retires after completing---

(i) 33 years of qualifying service.

(ii) 25 years of qualifying service.
(iii) 12 years of qualifying service.
Ans (i) The amount of pension will be calculated at fifty per cent of
average emoluments, but not less than 50 % of the minimum of the scale lof
pay of the post held at the time of retirement.

(ii) and (iii) The amount of pension will be proportionate to the amount of
pension calculated for 33 years of qualifying service and is subject to a
minimum of Rs. 1,275 p.m.
[ Rule 49 (2) (a) and (b).]

52. On what basis would the Retirement Gratuity be calculated in the

following case of an employee seeking voluntary retirement after---

(i) 4 years of permanent employment.

(ii) 18 years of permanent employment.
(iii) 24 years of permanent employment.

Ans:- (i) and (ii) The employee is not eligible to seek voluntary retirement as
they do not have 20 years of qualifying service. Further, a Government

SAT 103
servant who retires before completion of five years of qualifying service is not
eligible for retirement gratuity.
[Rule 48-A and 50.]

(iii) The retirement gratuity will be calculated at the rate of ¼th of his
‘emoluments’ last drawn for each completed six-monthly period
of qualifying service. The amount will be restricted to a
maximum of Rs. 3.5 lakhs.
[ Rule 50.]

53. What are the provisions relating to ‘nominations’ in respect of

Retirement/Death Gratuity admissible under the Central Civil services
(Pension) Rules, 1972?

Ans:- 1. A. Government servant on his initial confirmation in a service should

make a nomination in the prescribed form conferring on one or more persons
the right to receive the retirement Gratuity amount in the event of his death
before receiving the mount and Death Gratuity amount in the event of his
death while in service.

1. If the Government servant has a family at the time of making the

nomination, he shall not nominate any person(s) other than the
member(s) of his family. Family for this purpose includes: (i)
wife(s)/husband, (ii) son(s), (iii) father, (iv) mother, (v) daughter(s),
(unmarried/married/ widowed), (vi)sister(s) (unmarried/widowed), and
(vii) children of predeceased son.
2. The nomination made by a Government servant who has no family will
become invalid on his subsequently acquiring a family.
3. The Government servant may provide in the nomination the
contingency on the happening of which the nomination shall become
invalid. He may also specify the person or persons to whom the right
conferred on the nominee shall pass on in the event of the death of
the nominee.
4. If the Government servant nominates more than one person, he shall
specify the share of Retirement/Death Gratuity amount payable to
each such person.
[Rules 50 and 53.]

54. The Government servant may provide in the nomination for

Retirement/Death Gratuity ‘that the nomination shall become invalid in
the event of the happening of the contingency provide there,. Elucidate.

Ans :- At the time of making the nomination for Retirement/Death Gratuity, the
Government servant may remain a bachelor and he could nominate his
father/mother, brothers, as the case may be. Of subsequently he gets married
and dies thereafter without furnishing a fresh nomination in favour of his wife,
no share of Retirement/Death Gratuity can be paid to his wife but can be paid
only to the nominee(s). If he provides in the nomination that the nomination
shall become invalid in the event of his getting married subsequently and if he
dies subsequently after getting married but without making a fresh nomination

SAT 104
in favour of his wife, the nomination originally furnished by him shall be
treated as invalid and the amount of the Retirement/Death Gratuity will be
distributed to the eligible members of his family including his wife.

Similarly, if at the time of making a nomination for Retirement/Death

Gratuity, a Government servant has his wife and one son, he may nominate
both his wife and son to receive the amount of Retirement/Death Gratuity in
the event of his death before receiving the amount, in equal shares. If
subsequently another a fresh nomination providing a share of the Gratuity
amount to that child also, the child is not eligible to receive any share of the
Retirement/Death Gratuity as the nomination initially made by him subsists. If
he provides in the nomination that the nomination shall become invalid in the
event of his getting additional child/children subsequently, the nomination
made by him shall become invalid and the newly born child/children will also
become eligible for a share in the Gratuity amount.
A Government servant who was a bachelor and had no member of the
family, nominated one who was a non-member of his family. He got married
subsequently and died after sometime without submitting fresh nomination in
favour of his wife. The nomination shall become automatically invalid, his wife
will get the benefit and the originally nominated non-member shall have no
share in the gratuity.
[Rule 53(3) and (4)]

55. What provisions can a Government servant make in the

nomination for death/retirement gratuity ?

Ans :- The following provisions can be made :-

(a) That if a nominee predeceases the Government servant or dies
before receiving the gratuity, the right conferred on him shall
pass on to such other person specified in the nomination.
(b) That the nomination shall become invalid in the event of the
happening of the contingency provided therein
[FR 53(3)]

56. What are the circumstances in which Death/Retirement Gratuity

lapses to Government ?

Ans :- The Death/Retirement Gratuity payable to a Government servant

lapses when he dies while in service, or after retirement without
receiving the amount of gratuity and leave behind no family; and
(a) has made no nomination; or
(b) the nomination made by him does not subsist.

However, the amount of Death/Retirement Gratuity shall be payable to the

person in whose favour a Succession Certificate in respect of the gratuity in
question has been granted by a Court of Law.

57. What action should be taken by the Head of the Office on receipt
of a nomination from a Government servant?

SAT 105
Ans:- The Head of Office shall, immediately on receipt of the nomination,
countersign it indicating the date of receipt and kept it under his custody.
Suitable entry regarding receipt of nomination shall be made in the Service
Book.
[ Rule 53(7) ]

58. What is ‘Residuary Gratuity’ and in what circumstances is it

admissible?

Ans:- While in the case of the death of a Government servant in service, the
death gratuity is subject to a minimum of 12 times of emoluments, there is no
such minimum in the case of retirement. If an officer dies after retirement from
service and the sums actually received by him at the time of death on account
of pension and retirement gratuity, including the commuted value of any
portion of pension are less than 12 times the ‘emoluments’ , the deficiency
may be granted to the nominee(s) or heir(s). This deficiency paid is called
‘Residuary Gratuity’. This is based on the principle that a benefit which
accrues in the case of death while in service should not be denied in the case
of death immediately after retirement.
[ Rule 50(2) ]

59. Under what circumstances is a person nominated by a

Government servant to receive the Retirement/ Death Gratuity in the
event of his death debarred from receiving the Gratuity on the death of
the Government servant?

Ans:- If the person, who is nominated by the Government servant to receive

the Retirement Gratuity in the event of his death before receiving the amount
or death gratuity in the event of his death while in service, is convicted for the
murder or abetting in the murder of the Government servant, he will be
debarred from receiving his share of retirement or Death Gratuity admissible
to the deceased Government servant. His share will be payable to other
eligible members of the ‘family’ of the deceased Government servant.
[ Rule 51-A ]

60. When and under what conditions may Retirement/ Death Gratuity
and family pension be reckoned on the basis of average emoluments?

Ans:- If the emoluments of an officer have been reduced during the last ten
months of his service otherwise than as penalty, average emoluments as
referred to in Rule 34 will be treated as emoluments for the purpose of
Retirement/ Death Gratuity and ‘pay’ for the purpose of Family Pension, 1964.
[ Rule 50(5) and 54(14)(c) ]

SAT 106
61. Describe the main features of the Family Pension, 1964, under the
CCS (Pension) Rules, 1972.

Ans:- The main features of the Family Pension, 1964, are –

(1) The scheme gives a life pension to the widow/ widower of the
Government servant (Temporary or Permanent).
(2) Family includes wife/ husband, sons (below the age of 25 years) and
widowed/ divorced/ unmarried daughters (below the age of 25 years).
Children (legally adopted) and children of judicially separated spouse
are included. Parents who were wholly dependent on the Government
servant when he was alive are also treated as members of family, in
cases where the Government servant has not left behind either a
widow or a child.
(3) Except as provided in Items (4) and (5) below, family pension is
payable to only one member of the family at a time. It is first admissible
to the widow/ widower and thereafter to the eligible children in the order
of their birth.
(4) Where the family pension is payable to twin children, it shall be paid to
such children in equal shares.
(5) When an officer is survived by more than one widow, the pension will
be paid to them in equal shares. On the death of a widow, her share
will become payable to her eligible child. If, at the time of her death, a
widow leaves no eligible child, the payment of her share of the pension
will be made to the other widow(s). Where an officer is survived by a
widow plus an eligible child from another wife, the eligible child will be
paid the share of pension which the mother would have received if she
had been alive at the time of death of the officer.
(6) Judicially separated spouse with children will get family pension after
the children cease to be eligible, till his/ her death or remarriage,
whichever is earlier.
(7) In the event of remarriage or death of the widow/ widower, pension will
be granted to minor children through their natural guardian, if any,
otherwise through their de facto guardian on production of indemnity
bond. In disputed cases, payment is made through legal guardian.
(8) In the case of widow/ widower, up to the date of death or re-marriage,
whichever is earlier. In the case of sons/ daughters, it is paid up to the
date of attaining 25 years or marriage or till they start earning of Rs.
2,550 p.m., whichever is earlier. If the son or daughter is suffering from
any disorder or disability of mind or is physically crippled or disabled so
as to render him or her unable to earn a living even after attaining the
age of 25 years, the family pension is payable throughout life of such
son/ daughter.
(9) Family pension will be 30% of last pay drawn subject to a minimum of
Rs. 1,275 p.m.
(10) For Government servants who had put in a service of not less than 7
years, family pension will be at an enhanced rate for a period of 7
years from the date following the date of death or till t he date on which
the officer would have reached the age of 67 years if he had survived,

SAT 107
 whichever is earlier, in the case of pensioners who retired after 12-5-
1998, on attaining 60 years of age as per notification, dated 13-5-1998.
[ Rule 54 and GIDs thereunder ]

62. Both husband and wife are Government servants. One of them
dies while in service and the other dies sometime later after retirement.
How is the payment of family pension regulated to the beneficiaries?

Ans:- When one of them dies while in service or after retirement, the family
pension in respect of the deceased shall become payable to the surviving. In
the event of the death of the latter, the surviving child or children will be
granted two family pensions subject to the condition that the amount of both
the pensions put together shall not be more than 30% of the highest pay in
the Government.
[ Rule 54(11) ]

63. How will the payment of family pension be regulated in case

where a deceased male/ female Government servant leaves behind a
judicially separated widow/ husband?

Ans:- Where a female Government servant or male Government servant dies

leaving behind a judicially separated husband or widow and no child or
children, the family pension in respect of the deceased will be payable to the
surviving person. In the case of judicial separation granted on the ground of
adultery, the family pension is payable to the surviving person if only the
surviving person is not held guilty of committing adultery.
Where a Government servant dies leaving behind a judicially separated
spouse with a child or children, the family pension in respect of the deceased
will be payable to the surviving person if he/ she is the guardian. Otherwise
the family pension will be payable to the person who is the actual guardian of
such child or children.
Such judicially separated spouse will get family pension after the
children cease to be eligible, till death or remarriage whichever is earlier.
[ Rule 54(11-A) and (11-B) and GID 24 thereunder ]

64. How would you regulate payment of Family Pension, 1964, if the
husband of a female Government servant is charged with the offence of
murdering his wife? Will it make any difference if the crime is alleged to
have been committed after retirement of the Government servant?

Ans:- The claim of the husband of the deceased female Government servant,
including other eligible members of the family to receive the family pension,
shall remain suspended till the conclusion of the criminal proceedings
instituted against him. If on the conclusion of the criminal proceedings, the
husband is convicted, he will be debarred from receiving the family pension
which will be paid to other eligible members of the family from the date of
death of the Government servant.

SAT 108
 If on the conclusion of the criminal proceedings, the husband is
acquitted of the charge of murder, the family pension will be paid to him from
the date of death of the Government servant.
It will not make any difference even if the crime is alleged to have been
committed after the retirement of the Government servant.
[ Rule 54(11-C) ]

65. To whom and how long the Family Pension is payable in the
following cases of Government servants who died while in service?

(a) Mr. ‘X’ died leaving a widow and a daughter, aged 12, by his first wife
who had died much earlier. He has also a son, aged 4, by his 2nd wife.
(b) Mr. ‘Y’ left his widow and two sons, aged 18 and 16 and a daughter,
aged 21, on the date of his death.
His widow died exactly after 2 years of his death.
The daughter is physically crippled and unable to earn a living and
remains unmarried.

Ans:- (a) The family pension is payable from the date following the date of
death of Mr. ‘X’ in two equal shares to the surviving widow and deceased
widow. The share of the surviving widow will be paid to her till her remarriage
or death, whichever is earlier and thereafter to her son till he attains the age of
25 years or gets married or starts earning a sum of Rs. 2,550 per month,
whichever is earlier. The share of the deceased widow will be paid to her
daughter aged 12, till she gets married or attains the age of 25 years or starts
earning a sum of Rs. 2,550 per month whichever is earlier.
[ Rule 54(7) ]

(b) The family pension will be paid to the widow from the date following
the date of the death of Mr. ‘Y’ till her death. On the death of the widow, it will
be paid to her daughter from the date following the date of the death till she
attains the age of 25 years. From the date on which she attains the age of 25
years, it will be paid to the elder son till he attains the age of 25 years or gets
married or starts earning a sum of Rs. 2,550 per month, whichever is earlier.
On his becoming ineligible, it will be paid to the younger son till he attains the
age of 25 years or gets married or starts earning a sum of Rs. 2,550 per
month, whichever is earlier. Thereafter, the family pension will be resumed to
the daughter and will be paid throughout her life.
[ Rule 54(6) and (7) ]

66. By whom and under which conditions Retirement Gratuity and

Family Pension can be granted to the family of a Government servant
whose whereabouts are not known?

Ans:- 1. When a Government servant disappears leaving his family, the

family can be paid in the first instance the amount of salary due, leave
encashment due and the amount of GPF, having regard to the nomination
made by the Government servant. After the lapse of a period of one year,
Retirement Gratuity and Family Pension can be paid.

SAT 109
 2. The Administrative Ministry/ Department can sanction the above
benefits after observing the following procedure:-
(i) The family must lodge a report with the concerned police and obtain
a report that the Government servant has not been traced after all
efforts had been made by the police.
(ii) An Indemnity Bond should be taken from the nominee/ dependants
of the Government servant that all payments will be adjusted
against the payments due to the Government servant in case he
appears on the scene and makes any claim.
(iii) For the grant of Family Pension and Retirement Gratuity, the family
should apply to the Head of the Office of the disappeared
Government servant after one year from the date of his
disappearance reckoned from the date the FIR is lodged with the
Police.
(iv) The family pension will accrue from the date of lodging the FIR or
expiry of leave of the disappeared employee, whichever is later.
However, no family pension will be paid for the period during which
pay and allowances have been paid.
(v) The amount of ‘Death Gratuity’ payable should not exceed the
amount of Retirement Gratuity which would be admissible if he had
retired. The difference between death gratuity and retirement
gratuity will be paid subsequently after the death is established or
on the expiry of seven years from the date of FIR.
(vi) The Death/ Retirement Gratuity and Family Pension will be based
on the emoluments drawn on the last date he was on duty/
authorized leave.
[ GIOs (10) to (12) below Rule 54 ]

67. State briefly the provisions contained in CCS (Pension) Rules

regarding (i) date from which pension becomes payable, (ii) Currency in
which it is paid and (iii) its manner of payment.

Ans:- (i) Pension will become payable from the date on which a Government
servant ceases to be borne on the establishment – vide Rule 83(1).
(ii) All pensions including gratuities admissible under the CCS
(Pension) rules will be payable in rupees in India only – vide Rule 84.
(iii) Pension will be payable monthly on or after the last working day of
the month to which the pension relates except for the month of March when it
shall be payable on or after the 1st working day of April – vide Rule 85(2).

68. Describe briefly the salient features of the simplified procedure

introduced with a view to eliminating delays in the payment of
superannuation pension and gratuity.
Or
What process has been prescribed in the CCS (Pension) Rules for
preparation and completion of pension papers of a Government servant
who is due to retire on superannuation?

SAT 110
Ans:- (1) Every Head of Office should undertake the work of preparation of
pension papers in Form 7 two years before the date on which a Government
servant is due to retire on superannuation. At this stage, the Head of Office
should scrutinize the Service Book of the Government servant concerned and
satisfy himself as to whether the certificates of verification of service for the
entire service are recorded therein. Every effort should be made to have the
period(s) of service which are not found verified so far, verified with reference
to the pay bills available in the office or addressing the Heads of Offices
where the Government servant served. If any portion of service rendered by
the Government servant is not capable of being verified, the Government
servant concerned should be asked to file a written statement on plain paper
stating that he had in fact rendered that period of service. The government
servant should make and subscribe to a declaration as to the truth of that
statement at the end of the statement. He shall also be asked to produce all
documentary evidence available with him.
(2) The whole process of verification of service and assessment of the
qualifying service for Pension and Retirement Gratuity of the Government
servant should be completed eight months prior to the date of retirement of
the Government servant. Any omissions, imperfections or deficiencies
including the portion of service shown as unverified in the Service Book which
it has not been possible to verify should be ignored and the service qualifying
for pension shall be determined on the basis of the entries in the Service
Book. The correctness of the ‘Emoluments’ drawn by the Government servant
during the last twenty-four months preceding the date of retirement should
only be verified and the ‘emoluments’ and ‘Average Emoluments’ assessed.
No. application for pension is necessary from the Government servant. Eight
months prior to the date of retirement, the Government servant should be
asked to furnish Form 5 duly completed.
(3) The Head of Office should complete Part-I of Form 7 and forward t
the Accounts Officer responsible for the issue of Pension Payment Order-
Forms 5 and 7 duly completed with a covering letter along with the Service
Book of the Government servant duly completed not later than six months
before the retirement of the Government servant.
(4) If the Government servant concerned is in occupation of
Government residence, the Head of Office shall address the Estate Officer
two years before the date of retirement of the Government servant for issue of
‘no demand certificate’ .
(5) The Head of Office after assessing the Government dues, will
furnish the particulars thereof to the Accounts Officer responsible for issue of
the Pension Payment Order at least two months before the date of retirement
of the Government servant so that the dues are recovered out of the gratuity
before its payment is authorized. If any additional Government dues come to
the notice of the Head of Office subsequently, such dues shall be promptly
reported to the Accounts Officer.
(6) The Accounts Officer responsible for the issue of Pension Payment
Order will, after the necessary scrutiny of the papers, issue PPO not later than
one month in advance of the date of retirement. He will also write to the Head
of the Office the amount of Retirement Gratuity as determined by him with the
remarks that the Retirement Gratuity may be drawn and disbursed by the
Head of Office after adjusting Government dues, if any.

SAT 111
 (7) A Government servant who is due to retire on superannuation and
desires payment of the commuted value of pension being authorized at the
time of issue of the PPO may submit application for commutation of pension
before retirement. In such cases, the Accounts Officer shall authorize the
Head of Office for payment of the commutation amount immediately after
retirement and also note the amount of pension commuted, in the PPO.
(8) If, in a particular case, the pension papers could not be completed
and forwarded to the office responsible for issuing the PPO within the time
limit prescribed or that office has not been able to issue the PPO before one
month prior to the date of retirement of the Government servant, the Head of
Office should take steps to authorize payment of provisional pension and
gratuity by the first of the month in which it is due.
(9) The provisional pension should not be continued beyond a period of
six months from the date of retirement. If the office responsible for issuing the
PPO has not finalized the pension case by that time, the provisional pension
shall be deemed to have become final and it will be obligatory for the office
concerned to issue the final PPO for the amount of pension and gratuity
already calculated on a provisional basis.
(10) The average emoluments will be determined with reference to
emoluments drawn during the last ten complete months of service.
[ Rule 56 to 65 ]

69. Explain the provisions and procedures in the CCS (Pension)

Rules, 1972, for payment of pension and gratuity in the case of a
Government servant who is likely to retire before his pension and
gratuity can be assessed in the ordinary course.
Or
The pension papers of a Government servant could not be
completed and forwarded to the Accounts Officer responsible for
issuing the PPO within the time-limit prescribed. What is the procedure
prescribed in such cases?

Ans:- 1. The pension papers should be completed and forwarded to the

Accounts Officer responsible for issuing the PPO so as to enable the latter to
issue the PPO before one month prior to the date of retirement of the
Government servant. If, however, in any particular case, it has not been found
possible to do so for any special reason, the Head of Office should take steps
to authorize the payment of provisional pension and gratuity by the first of the
month in which it is due. For this purpose, the information available in the
official records may be used. The Head of Office should obtain from the
retiring Government servant a simple written statement indication the total
length of qualifying service excluding the breaks and other non-qualifying
periods of service and the emoluments drawn during the last ten months of
his service.
2. The retiring Government servant should also be asked to certify that
the facts stated by him are correct to the best of his knowledge and belief. If
information regarding the emoluments drawn during the last ten months is not
available either with the Head of Office or with the Government servant, the
emoluments last drawn should be taken provisionally as Average

SAT 112
Emoluments. 100% of the pension calculated with reference to the information
so collected shall be sanctioned as the provisional pension by the Head of
Office. The Retirement Gratuity should similarly be determined. The
provisional pension and gratuity should be drawn and disbursed by the Head
of Office. Before actually disbursing the provisional gratuity, all known dues
such as long-term advances still outstanding, overpayment of pay and
allowances, etc., and other recoveries should be adjusted. A deduction of
10% of the gratuity or Rs. 1,000, whichever is less, should also be made
partly to cover unassessed dues, if any, and partly as a margin for
adjustments in the light of the final determination of the gratuity.
3. If the amount of provisional pension disbursed to a Government
servant is on its final assessment found to be in excess of the final pension
assessed by the Accounts Officer, the excess will be recovered from out of
the gratuity amount withheld or in installments by making short payments of
pension payable in future. If the provisional gratuity disbursed is found to be
larger than the amount finally assessed, no recovery of the excess amount
paid shall be made.
4. The payment of provisional pension shall not continue beyond a
period of six months from the date of retirement of the Government servant. If
the amount of final pension and final gratuity have been determined by the
Head of Office in consultation with the Accounts Officer, before the expiry of
six months, the Accounts Officer shall issue PPO and order for the payment of
gratuity.
5. If the final pension and amount of final gratuity have not been
determined by the Head of Office in consultation with the Accounts Officer
before the expiry of the said period of six months, the Accounts Officer shall
treat the provisional pension and gratuity as final and issue the PPO and
order for the payment of gratuity. The disbursement of provisional pension by
the Head of Office shall be stopped.
[ Rule 64 ]

70. The pension papers of the Government servant for whom

provisional pension and gratuity have been authorized could not be
finalized within six months from the date of retirement. What procedure
has been prescribed in such cases?

Ans:- The provisional pension is not intended to be continued on a

provisional basis beyond a period of six months from the date of retirement. If
the office, which has to issue the PPO, has not finalized the pension case by
that time, the provisional pension shall be deemed to have become final. It will
be obligatory for the Accounts Officer concerned to issue the final PPO for the
amount of the provisional pension and gratuity. The deduction of 10% of the
gratuity or Rs. 1,000 made from the provisional gratuity to cover unassessed
dues, if any, should also be released subject to the condition that the LPC of
the Government servant is issued and the Government dues are adjusted.
[ Rule 64(6) ]

71. A Government servant against whom departmental or judicial

proceedings are in progress, attains the age of superannuation. What

SAT 113
procedure is prescribed in the rules regarding payment of pension and
gratuity?

Ans:- If a Government servant attains the age of retirement while

departmental or judicial proceedings are continued, the Accounts Officer will
authorize payment of provisional pension not exceeding the maximum
pension which would have been admissible on the basis of qualifying service
up to the date of retirement of the Government servant, or if he was under
suspension on the date of retirement, up to the date immediately preceding
the date on which he was placed under suspension. Such provisional pension
shall be paid by the Head of Office from the date of retirement up to the date
on which final orders are passed on conclusion of the proceedings. No
gratuity shall be authorized till the conclusion of the proceedings. However, if
the Departmental proceedings instituted against the Government servant is
under Rule 16 of CCS (CCA) Rules, 1965, for imposing minor penalties, the
Retirement Gratuity may be disbursed to the retiring Government servant. The
provisional pension paid shall be adjusted against the pension finally
sanctioned, but no recovery shall be made where the pension finally
sanctioned is less than the provisional pension or the pension is reduced or
withheld either permanently or for a specified period.
If, on the conclusion of the proceedings, the Government servant is
convicted by the Court or found guilty in the departmental proceedings, action
should be taken to obtain the sanction of the President under the provisions of
Rule 9 of CCS (Pension ) Rules, 1972 , to withhold payment of the provisional
pension.
[ Rules 9 and 69 ]

72. Under what conditions provisional pension is granted? What

further action is necessary to be taken by the Head of Office after grant
of provisional pension?

Ans:- The provisional pension is not intended to be continued on a

provisional basis beyond a period of six months from the date of retirement. If
the office, which has to issue the PPO, has not finalized the pension case by
that time, the provisional pension shall be deemed to have become final. It will
be obligatory for the Accounts Officer concerned to issue the final PPO for the
amount of the provisional pension and gratuity. The deduction of 10% of the
gratuity or Rs. 1,000 made from the provisional gratuity to cover unassessed
dues, if any, should also be released subject to the condition that the LPC of
the Government servant is issued and the Government dues are adjusted.
[ Rule 64(6) ]

If a Government servant attains the age of retirement while

departmental or judicial proceedings are continued, the Accounts Officer will
authorize payment of provisional pension not exceeding the maximum
pension which would have been admissible on the basis of qualifying service
up to the date of retirement of the Government servant, or if he was under
suspension on the date of retirement, up to the date immediately preceding
the date on which he was placed under suspension. Such provisional pension

SAT 114
shall be paid by the Head of Office from the date of retirement up to the date
on which final orders are passed on conclusion of the proceedings. No
gratuity shall be authorized till the conclusion of the proceedings. However, if
the Departmental proceedings instituted against the Government servant is
under Rule 16 of CCS (CCA) Rules, 1965, for imposing minor penalties, the
Retirement Gratuity may be disbursed to the retiring Government servant. The
provisional pension paid shall be adjusted against the pension finally
sanctioned, but no recovery shall be made where the pension finally
sanctioned is less than the provisional pension or the pension is reduced or
withheld either permanently or for a specified period.
If, on the conclusion of the proceedings, the Government servant is
convicted by the Court or found guilty in the departmental proceedings, action
should be taken to obtain the sanction of the President under the provisions of
Rule 9 of CCS (Pension ) Rules, 1972 , to withhold payment of the provisional
pension.
[ Rules 9 and 69 ]

73. How should the periods of deputation/ foreign service in a

pension case be dealt with if it is found that the records in respect of
recoveries of pension contribution are defective or incomplete?

Ans:- In cases where the contributions are paid to Government by the

Government servant himself, he should be asked to show evidence that he
had indeed made the contributions. The Administrative Authorities should
show a spirit of reasonableness and accommodation in evaluating and
accepting such evidence as he is able to put forward and not insist rigidly on
formal proof with reference to service or accounts records for the
maintenance of which the Government servant is not responsible.
In cases where the contributions are paid to Government direct by the
borrowing organizations, the Administrative Authorities should pursue the
case with the borrowing organization and this should have no bearing on the
processing and finalization of the pension papers.
[ GID (1) below Rule 67 ]

74. What is the procedure prescribed for the sanction of Family

Pension and Death Gratuity in respect of a Government servant who
dies while in service ?

And.(1) As soon as the Head of the Office receives intimation regarding

death of a Government servant (Gazetted on non-Gazetted) while in service,
he shall initiate immediate action for obtaining claims for Family pension and
Death Gratuity.

(2) When the family is eligible for Family Pension, 1964, the Head of
Office should address the widow/widower or guardian of minor concerned to
make a claim.

SAT 115
 (3) The Head of Office shall simultaneously undertake the completion
of Form 18 of CCS(Pension) Rules. He shall go through the Service Book of
the deceased Government servant and satisfy himself as to whether annual
certificate of verification of service for the entire service are recorded therein.
He shall accept the unverified portion of service, if any, as verified on the
basis of valid entries in the Service Book and also on the basis of other
relevant materials to which he may have ready access. It should, however, be
ensured that the service was continuous and was not forfeited on account of
dismissal, removal or resignation from service. The process of determination
of qualifying emoluments shall be completed within one month of the receipt
of the intimation regarding the date of the death of the Government servant
and the amount of family pension and Death Gratuity shall be calculated
accordingly.

(4) The Head of Office shall simultaneously take steps to ascertain the
outstanding Government dues against the deceased Government dues
against the deceased Government servant. If the family of the deceased
Government servant intends to retain the Government accommodation for the
permissible period of twelve months beyond the date of the deaths of the
Government servant, the license fee for that period and also any outstanding
licence fee shall be recovered by the Head of Office from the Deaths Gratuity
along with other outstanding Government dues.

(5) On receipt of claim or claims, the Head of Office shall completes the
prescribed forms and send them to the Accounts Officer responsible for the
issue of Pension Payment Order along with the Government servant’s Service
Book duly completed up-to-date and any other documents relied upon for the
verification of the service claimed in such a manner that they can be
conveniently consulted. This should be done not later than one months of the
receipt of the claim(s) by the Head of Office. If the claim(s) have not been
received from the beneficiary or beneficiaries by that time, the Items 22 to 26
of Form 18 may be left unfilled and when the claim(s) are received, the same
shall be forwarded to the Accounts Officer with a request that items left
unfilled in Form 18 may be filled in.

(6) After the documents referred to above have been sent to the
Accounts Officer, the Head of Office shall issue a sanction letter in favour of
the claimant or claimants endorsing a copy thereof to the Accounts Officer
indicating the amount of hundred per cent of provisional family pension and
gratuity as determined. He shall then draw the amount of provisional pension
and the amount of hundred per cent of the death gratuity and deduct there
from the dues which are to be recovered and also the amount to be held over
for adjustment of un-assessed dues in the same manner as pay and
allowances of the establishment are drawn by him and disburse the same to
the claimant(s). The payment of provisional pension shall continue for a
period of six months from the date following the date of deaths of the
Government servant unless the period is extended by the Accounts Officer.

(7) The Accounts Officer, within a period of three months from the date
of receipt of documents from the Head of Office, shall exercise the requisite

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checks and complete Section I of Part-IV of Form 18 and assess the amount
of Family Pension and Death Gratuity. He shall authorize the payment of
balance of Death Gratuity after adjusting the Government dues, if any, and
also arrears of family pension, if any, in respect of the period for which
provisional family pension was drawn and disbursed by the Head of Office. If
the provisional family pensions drawn and disbursed by the Head of Office is
found to be in excess of final family pension as assessed by the Accounts
Officer, it shall be open to the Accounts Officer to adjust the excess amount
by short payment of family pension payable in future. However, if the
provisional death gratuity drawn and disbursed by the Head of Office is found
in excess of the amount finally assessed by the Accounts Officer, the
beneficiary shall not be required to refund the excess .The Accounts Officer
shall promptly intimated to the Head of Office the fact of issue of Pension
Payment Order and also order for the payment of the balance of Death
Gratuity. If the Accounts Officer is not able to assess the final amount of
Family Pension and Death Gratuity within the stipulated period, he shall
communicated the fact to the Head of Office to continue to disburse the
provisional Family Pension to the claimant for such period as may be
specified by him.
(Rules 77 to 80-C.)

75. On the death of a Government servant while in service, it is found

that his Death Gratuity and Family Pension cannot be finally assessed
and settled within a period of three months. That is the procedure
prescribed in such a case?

Ans.. If the Death Gratuity and Family pension cannot be finally settled within
a period of three months from the date of death of the Government servant,
the Accounts Officer should communicate the fact to the Head of Office and
authorize the Head of Office to continue to disburse the provisional family
pension to the claimant for such period as may be specified by him.

76. State briefly the procedure prescribed for determination of Family

Pension, 1964 and Death Gratuity in respect of a Government servant
who dies while in service when the service records are incomplete.

Ans. If the service records of the deceased Government servant are not
complete and if it is not possible for the Head of Office to accept the unverified
portion of service as verified on the basis of the entries in the Service Book,
he shall not proceed with the verification of the entire spell of service. The
verification of service in such a case shall be confined to the following spells
of service :--

(1) For the purpose of family pension, 1964.- (a) If the deceased
Government servant at the time of his death, had rendered less than
seven years of service, the Head of Office shall verify the pay drawn by
the deceased at the time of death and determine the amount of Family
Pension under Sub-rule(2) of Rule 54 of CCS (Pension) Rules, 1972.

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 (b) If the deceased Government servant had rendered more than
seven years of service at the time of death, the service for the
last seven years and emoluments for service rendered in the
last year shall be verified and accepted and the family pension
and period of its tenability determined under sub-rule (3) of Rule
54 ibid. If the service of last seven years is not capable of being
verified and accepted, by the Head of Office, but the service
rendered during the last year is capable of being verified and
accepted, the Head of Office, pending verification of service for
seven years, shall calculate the amount of Family Pension
under sub-rule (2) ibid. The determination of the amount of
Family Pension shall be done within one month of the receipt of
intimation of the date of death of the Government servant. The
service for last seven years shall be verified and accepted within
the next two months and the amount of Family Pension at the
enhanced rates and the period of its tenability determined under
sub-rule (3) ibid.

(ii) For the purpose of Death Gratuity :- If the deceased Government

servant had, at the time of his death, rendered more than five years of
qualifying service but less than 20 years of qualifying service and the
spell of last five years of service has been verified and accepted by the
Head of Office, the amount of Death Gratuity shall be equal to 12
times of the deceased Government Servant’s emoluments. If the
verified and accepted service is lest than five years of qualifying
service, the amount of Death Gratuity shall be equal to twice or six
times of his emoluments.
If the deceased Government servant had rendered twenty years or
more of service and the entire service is not capable of being verified and
accepted but the service for last five years has been verified and accepted,
the family of the deceased Government servant shall be allowed on
provisional basis, the Death Gratuity equal to 12 times the emoluments last
drawn by the deceased Government servant. Final amount of Death Gratuity
shall be determinated by the Head of Office on the basis of the entire spell of
service which may be verified and accepted by him within a period of six
months. The balance, if any, becoming payable as a result of determination of
the final amount of Death Gratuity shall then be authorized to the beneficiary
or beneficiaries.
[Rule 79]

77. What is the procedure prescribed for the sanction of Family

Pension, 1964 and Residuary Gratuity on the death of a pensioner ?

Ans :- (i) If the deceased pensioner is survived by a widow or widower

who is eligible for the grant of Family Pension, 1964, the pension to the
widow/widower as indicated in the Pension Payment Order on receipt of an
application from the widow/widower.
(2) If the deceased pensioner is survived by child or children eligible for
payment of Family Pension, 1964, a claim for the payment of the

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 Family Pension should be made to the Head of Office where the
diseased pensioner last served by –
(3) On receipt of the claim, the Head of Office shall sanction the Family
Pension, 1964.
(4) If, on the death of a retired Government servant, a residuary gratuity
becomes payable to the family, the Head of Office should sanction its
payment on receipt of a claim from the person or persons eligible to
receive the Residuary Gratuity.
(5) On receipt of sanction from the Head of Office, the payments will be
authorized by the Accounts Officer.
[Rule 81 and 82]

78. What is the effect of Commutation of Pension by a pensioner on

(i) the pension payable to him (ii) Family Pension, 1964 ?

Ans :- (i) The effect of commutation of pension is that , the pensioner will
receive a reduced quantum of pension. The reduction in monthly pension
would become operative from the date on which the pensioner receives the
lumpsum commuted value or at the end of 3 months after the issue of
authority by the Accounts Officer asking the pensioner to collect the
commuted value of pension, whichever is earlier. In the case of a pensioner
who draws his monthly pension through Nationalized Banks, the reduction in
the monthly pension will be effective from the date on which the lumpsum
commuted value of pension is credited by the Bank to the pensioner’s account
to which his family pension is being credited. The commuted portion of
pension shall be restored on completion of 15 years from the date of
retirement, if the commutation is simultaneous with retirement (i.e. where the
payment of the commuted value of pension is made during the first month of
retirement) and in other cases on completion of 15 years from the date of
commutation (i.e. from the date on which reduction in pension on account of
commutation becomes effective). The ‘Dearness Relief’ payable to pensioners
will, however, be calculated on the amount of original pension before
commutation.

2. The commutation of pension by a pensioner has no effect on the

quantum of Family Pension, 1964, admissible to his family in the event of his
death, as the rate of Family Pension, 1964, is based on the pay which the
Government servant was drawing immediately before his retirement and not
on the pension granted to him.
[Rule 6(1), CCS (Commutative of Pension) Rules, 1981]

79. Comment on the following :-

(a) A Government servant with nine years of qualifying service retired from
service on invalidation. He requests for the payment of family Pension, 1964,
to his wife in the event oh his death after retirement.

(b) A Government servant governed by Workmen’s Compensation Act,

1923, met with an accident while on duty and died. The compensation amount

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under W.C Act was paid to his family. The Accounts officer refused to
authorized Family Pension, 1964, to his family as a huge amount of
compensation has been paid to his family.

(c) A Government servant sued the Government in the court of Law for the
payment of some arrears of pay and allowances and the court issued decree
in his favour. Government went on appeal against the decree and the
Government servant retired from service on superannuation when the appeal
was pending in the Court .The Account officer refused to authorized payment
of Retirement Gratuity to him as under Rule 69 (c) of CCS (Pension) Rule,
1972 , no gratuity shall be paid to the Government servant until the conclusion
of the departmental or judicial proceeding and issue of final order thereon.

(d) A Government servant retires on superannuation while a departmental

proceeding instituted against him for the imposition of minor penalty under the
Rule 16 of CCS (CCA) Rules, 1965, was pending conclusion. The Account
officer ordered that payment of Retirement Gratuity to the retired official be
withheld till the conclusion of the proceedings.

(e) Payment of gratuity to a retired Government servant was authorized

after one year from the date of his retirement and a claim for payment of
interest was received.
[JAE, Oct, 1985]

(f) The eldest child (a daughter, aged 22 years) of a Government servant

(died on 23-1-1998) claimed family pension on the death of her father. The
Divisional Engineer refuses to accept the claim on the plea that when sons
are available, the daughter shall have no claim.
(g) Family pension was denied to a son of a Government servant who
retired from service from 31-7-1989 on the ground that the son was born on
15-10-198, i.e., after retirement of the Government servant and was as such
not a family member at the time of his retirement.

Ans:- (a) As the Government servant has less then ten years of qualifying
service at the time of his retirement, he is not eligible for the grant of monthly
pension, but only lumpsum service gratuity as provide in Rule 49 of CCS
(Pension) Rules, 1972, is payable to him. As per Rule 54 (2) of CCS
(Pension) Rules, 1972, is payable to him. As per Rule 54 (2) of CCs (Pension)
Rules, 1972, in the case of the death of a Government servant after
retirement, the family of the deceased will be eligible for the grant of family
pension if only the deceased person was in receipt of pension of
compassionate Allowance on the date of death. The request of the
Government servant cannot be granted since no family pension admissible.

(b) Rule 54 of CCs (Pension) Rules, 1972 does not prohibit the
grant of family pension to the family of a Government servant who is governed
by the provisions of Workmen’s Compensation Act, 1923. As per Rule 54 (3)
of CCS (Pension) Rules, 1972, ,in cases where compensation under W.A. Act
is paid in respect of a Government savant who died while in service, the

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e3nhanced rate of family pension payable to his family for the initial period
immediately after death shall be restricted to 50 per cent of the pay last
drawn or one and a half times (instead of twice ) the normal rate of family
pension. The refusal to authorized Family Pension, 1964, is not in order.

(c) Rule 69 of CCS (Pension) Rules, 1972, is applicable only in respect of

cases governed by Rule 9 ibid. The departmental or judicial
proceedings referred to in Rule 9 ibid relate to proceedings instituted
against the government servant on account of misconduct or
negligence during the period of his service. The action of the accounts
Officer in refusing to authorized payment of Retirement Gratuity to the
retired Government servant is irregular.
(d) As per the proviso to Rule 69 (1) © of CSS (Pension) Rules, 1972,
where departmental proceeding have been instituted against a
Government servant under Rule 16 of the CCS (CCA) Rules, 1965, for
imposing any of the minor penalties of (i), (ii) and(iv) of Rule 11 of CCS
(CCA) Rules, the payment of gratuity shall be authorized to be paid to
the Government servant. Hence, the action of the Accounts Officer is
not in order.
(e) If the payment of gratuity has been authorized after three months from
the date when its payment became due and it is clearly established
that the delay in payment was attributable to administrative lapse,
interest at the prescribed rate on the amount of gratuity in respect of
the period beyond three months shall be paid vide Rule 658, CCS
(Pension) Rules, 1972. The sanction of the Secretary of the
Administrative Ministry is necessary for payment of interest.
(f) If the deceased Government servant has not left behind his widow but
only children, the family pension shall be payable to his children in the
order of their birth, i.e., the eldest lone shall be eligible to receive that
family pension till he/she attains the age of twenty-five years or
marriage or starts earning a sum of Rs. 2,550 per month whichever is
earlier and after that the next child shall become eligible to receive the
family pension. The plea of the Divisional Engineer is, therefore, not in
order.
[Rule 54 (8) and (9).]

(g) Son(s)/Daughter(s) born after retirement of the Government servant

are also eligible for grant of family pension- vide Rule 54 (14) (b) (ii) as
amended by notification, dated 5-6-1990. Son(s)/Daughter(s) born after
retirement even prior to 5-6-1990 are also eligible for family pension
vide GID (19) below Rule 54. The denial of family pension is not in
order.

80. Enumerate the salient provisions in the CCS (Pension) Rules,

1972, as on 1-1-1996.

Ans.(1) The maximum qualifying service earning pension, retirement/death

gratuity is 33 years.

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 (2) Monthly pension and lumpsum retirement/death gratuity are related to
the number of years of qualifying service rendered and ‘average of
emoluments’ drawn during the last ten months of service/’emoluments’
drawn at the time of retirement or death, as the case may be,
respectively.

(3) Basic Pay, Non-practising allowance granted to Medical Officers and

Stagnation Increment(s) count as ‘emoluments’ for pension and
gratuity. In addition, DA drawn on the date of retirement/death, will
also be treated as “emoluments” for gratuity only.

(4) For the maximum 33 years of qualifying service, monthly pension will
be 50% of the ‘average of emoluments’ drawn during the last ten
months of service, subject to a minimum of 50% of the minimum of the
scale of pay held at the time of retirement and a maximum of 50 % of
the highest pay in the Government. For the qualifying service less than
33 years, the amount of pension shall be proportionate to the amount
of pension admissible for 33 years subject to a minimum of Rs. 1,275
p.m.
(5) Retirement Gratuity is admissible on retirement after completion of five
years of qualifying service and will be calculated at the rate of ‘one
fourth’ of the emoluments last drawn for each completed six monthly
period of qualifying service subject to a maximum of 16½ times
‘emoluments’ or Rupees 3.5 lakhs, whichever is less. DA drawn on the
date of retirement/death will count as emoluments
(6) Death Gratuity is payable to the family of a Government servant, who
dies while in service and the maximum amount of Death Gratuity
admissible is 33 months’ emoluments or Rupees 3.5 lakhs, whichever
is less.

(7) Family pension will be 30 % of pay last drawn subject to a minimum of

Rs. 1,275 and maximum of 30 % of the highest pay in the
Government.

(8) Temporary/Permanent Government servants who retire from service

on superannuation or invalidation after completion of 10 years
continuous service/qualifying service are eligible for Retirement
Benefits, viz., Pension/Retirement Gratuity.

(9) The family of a temporary/Permanent Government servant who dies

while in service after one year of continuous service is eligible for the
payment of ‘Death Gratuity’ and ‘Family Pension’ as per the prescribed
scale. However, of a Government servant who was medically
examined and found fit for Government service dies even before
completion of one year service, his family is eligible for family pension.

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 (10) Forty per cent of pension can be commuted. The commuted
portion of pension will be restored after 15 from the date of retirement, if
commutation is simultaneous with retirement and after completion of
fifteen years from the date of commutation in other cases.

(11) A permanent/temporary Government servant can retire from

service voluntarily after completion of 20 years of qualifying service/service
with pensionary benefits.

(12) Family pension is admissible to the widow till her remarriage or

death, whichever is earlier. The family pension to the children will be
payable in the order of their birth. Son(s) and daughter(s) including
divorced/widowed daughter(s) till they attain the age of 25 years of
marriage/remarriage or till they starts earning a sum of Rs. 2,550 per
month whichever is earlier are eligible for Family Pension. In the case of
twin children, the family pension will be paid in equal shares.

(13) Post-retiral spouses and children corn after retirement from

service are also made eligible for grant of family pension.

(14) In the case of Government servants who do not leave behind a

widow or child, their parents will be eligible for family pension, if they were
dependent on the Government servant when he was alive.

(15) Parents who were wholly dependent on the deceased Govern

ment servant when he/she was alive will also be eligible for family
pension, if the Government servant has not left behind a widow(er) or
child(ren).

81. What are the provisions relating to (i) Extraordinary Family

Pension, and (ii) Liberalized Pensionary Awards ? How is the quantum
of benefits in both cases decided ?

Ans:-

(1) Extraordinary Family Pension:- If there is a casual connection between the

death of Government servant and Government service and the death of the
Government servant is accepted as due to Government service, the family of the
deceased will be granted ‘family pension’ under CCS (Extraordinary Pension) Rules,
which will be inclusive of element of children pension and children educational
allowance and higher than the family pension admissible under CCS (Pension) Rules,
1972. The family pension is a percentage on the pay last drawn by the decreased and
the quantum of monthly pension will be determined in accordance with the scale
prescribed in this regard. The amount of family pension admissible to a widow having
child/children is higher than that admissible to a widow having no child.

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 2. The family pension is payable to the widow till her remarriage or death,
whichever is earlier. Thereafter, it will be paid to her child/children one by one in the
order of their birth. The family pension is payable to a son still be attains the age of 25
years and to an unmarried daughter till she attains the age of 25 years to till she gets
married, whichever is earlier. The family pension is payable to only one member of
the family at a time except in cases where it is playable to more widows than one or
where it is payable to twin children.

3. If the deceased Government servants left neither a widow/widower nor a

child, a dependent personate the prescribed rate will be paid to his father grandmother
individually or jointly throughout their life. In the absence of father and mother, the
dependent pension will be paid to his minor brother(s) and sister(s), individually or
collectively, if they were largely dependent on the Government servant for support
and are in pecuniary need.

4. The family pension under CCS (Pension) Rules, 1972, will not be
admissible in addition to Family Pension under CCSS (Extraordinary Pension) Rules,
but Death Gratuity under CCS (Pension) Rules, 1972, will be admissible in addition.
[Appx. 3, Swamy’s Pension Compilation.]

(ii) Liberalized Pensionary Awards.- The families of Government servants

who die/Government servants who become disabled, while performing their duties (a)
as a result of action in international wars,(b) as a result of fighting in war-like
operations or border skirmishes with any county: and (e) as a result of attack by
extremists, anti-social elements, etc, or during action against dacoits, smugglers,
hostiles, etc., are eligible for the following liberalized pensionary awards.

(a) Family Pension – In the case of death of the Government servant, the
widow is entitled to family pension equal to last play drawn by the
deceased and is payable to her till her remarriage or death, whichever is
earlier. In the event of her remarriage, ordinary family pension under
CCS(Pension) Rules, 1972, will be admissible to her from the date
following the date of re-marriage and in addition each child will be
allowed consolidated Children’s Allowance at the prescribed rate.

(b) Children Pension.- If the Government servant is not survived by a widow

but is survived pension at the prescribed rate, which will be paid to the
eligible for family pension at the prescribed rate, which will be paid to the
senior most eligible child at a time. In addition to family pension, each
child will be allowed consolidated Children’s Allowance at the prescribed
rate.

(c) Disability Pension.- If the Government servant is invalided out of service,

he will be entitled to disability pension which will consist of a service
element and a disability element. The service element will be equal to an
amount of retiring pension including the pension equivalent of Retirement
Gratuity which he would have been entitled to on the basis of his pay6 on
the date of invalidment by but counting service up to the date on which he
would have retired in normal course. The disability element for 100%
disability will be equal to the play last drawn minus service element. The

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 disability element will be subject to a maximum of Rs.1000 p.m. For lower
percentage of disability, the disability element will be proportionately
reduced.
[Appx.4.]

Commutation of Pension Rules

1. What are the salient features of the Central Civil Services
(Commutation of Pension) Rules, 1981 ?

Ans :- The salient features of the CCS (Commutation of Pension) Rules,

1981, are:-

(i) A Central Government pensioner is entitled to commute for a

lumpsum payment a fraction, not exceeding forty per cent of his
pension.
(ii) A Government servant/pensioner against whom departmental or
judicial proceedings are instituted will not be eligible during the
pendency of such proceedings.
(iii) The applicant should submit the application indicating the
fraction of pension which he desires to commute and not the
amount. If the fraction of pension to be commuted results in
fraction of rupee, the fraction of rupee will be ignored.
(iv) Except in the cases of invalid pension, compulsory retirement
pension and compassionate allowance, a pensioner who applies
for commutation within one year from the date of his retirement
need not undergo medical examination.

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 (v) Government servants retiring on superannuation pension can
apply for the commutation without medical examination even
before the actual date of retirement.
(vi) A pensioner in receipt of either invalid pension or compulsory
retirement pension or an applicant in receipt of compassionate
allowance and all other pensioners who apply for commutation
after one year from the date of their retirement should undergo
medical examination.
(vii) Provision has been made for appeal against the findings of t he
Medical Authority.
(viii) In cases of commutation without medical examination, the
commutation becomes absolute on the date following the date of
superannuation in respect of (v) above and in other cases on the
date on which the application is received by the Head of Office
in which the pensioner last served and the pensioner has no
option to withdraw the application. In the cases of commutation
after medical examination, the commutation becomes absolute
on the date on which the Medical Authority signs the medical
report, but the pensioner can withdraw his application for
commutation if the Medical Authority directs that his age for the
purpose of commutation shall be assumed to be greater than his
actual age. The request for withdrawal should be made to the
Head of Office within fourteen days from the date on which he
receives a certified copy of medical report.
(ix) A pensioner drawing provisional pension (except provisional
pension drawn during the currency of disciplinary/criminal
proceedings) is also eligible to commute a fraction of his
provisional pension.
(x) If the amount of pension is revised and enhanced retrospectively
after the pensioner has commuted a fraction of his pension, the
difference between the commuted value already paid to him and
the commuted value determined on the basis of the revised
pension shall be paid to the pensioner automatically without any
fresh application.
(xi) Reduction in the amount of monthly pension payable shall be
effected on account of commutation, from the date on which the
commuted value is receive by the pensioner or at the end of
three months after the issue of payment authority by the
Accounts Officer, whichever is earlier.
(xii) Commuted portion of pension will be restored on completion of
15 years after retirement, if reduction in pension on account of
commutation is effected from the pension for the first month
after retirement and after 15 years from the date of receipt of
commutation amount in other cases.

[ CCS (Commutation of Pension) Rules ]

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2. When does the ‘commutation of pension’ become absolute and
from which date does the reduction in the amount of pension become
operative ?

Ans:- 1. In the case of a Government servant retiring on superannuation

pension who submits his application for commutation without medical
examination before the date of retirement, the commutation becomes
absolute and commuted value becomes payable on the date following the
date of his retirement.

2. In case of a pensioner who is eligible to commute his pension

without medical examination and who submits his application for commutation
of pension to the Head of Office where he last served within one year from the
date of his retirement, the commutation becomes absolute and the commuted
value becomes payable on the date on which the application if received by the
Head of the Office.

3. In the case of a pensioner who is eligible to commute a fraction

of his pension after medical examination, the commutation becomes absolute
and the commuted value becomes payable on the date on which the Medical
Authority signs the medical report in Part-III of Form 4.

The reduction in the amount of pension on account of commutation will

be operative from the date of receipt of the commuted value of pension or at
the end of three months after issue of authority by the Accounts Officer for
the payment of commuted value of pension, whichever is earlier.

[ Rule 6 ]
3. (a) To what extent can a Government servant commute his pension
for a lumpsum payment ?
(b) Under what circumstances is a Government servant/pensioner not
eligible to commute his pension ?

Ans:- (a) A Government servant is entitled to commute for a lumpsum

payment a fraction not exceeding forty percent of his pension. If fraction of
pension to be commuted results in fraction of rupee, such fraction of a rupee
shall be ignored for the purpose of commutation.
[ Rule 5 ]

(b) No Government servant against whom departmental or judicial

proceedings have been instituted before the date of his retirement, or the
pensioner against whom such proceedings are instituted after the date of his
retirement, will be eligible to commute a fraction of his provisional pension or
pension during the pendency of such proceedings.
[ Rule 4 ]

4. State the procedure prescribed in the CCS (Commutation of

Pension) Rules, for payment of difference in commutation amount when
a final pension has been revised and enhanced retrospectively after
commutation of a fraction of the original pension.

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Ans:- If the commutation of a fraction of the original pension has been
allowed without subjecting the pensioner to medical examination or after
subjecting the pensioner to medical examination by a Medical Board, the
difference between the commuted value determined with reference to the
enhanced pension and that already authorized, will be paid to the pensioner
automatically without any fresh application from him
[ Rule 10 ]

5. Who are all eligible to commute a fraction of pension without

medical examination ?
Or
Is it necessary for a pensioner to be examined by Competent
Medical Authority for commuting a portion of his pension? If so, in what
all cases commuted value of pension be paid without subjecting the
pensioner to medical examination?

Ans:- (1) In the following cases, where the pensioner applies for commutation
in the prescribed form to the Head of Office before the expiry of one year from
the date of his retirement, the commuted value of pension may be paid to him
without subjecting him to medical examinations:-
(i) A Government servant who retired on superannuation pension.
(ii) A Government servant who retired on retiring pension under
Rule 36 of CCS (Pension) Rules.
(iii) A Government servant who is granted pension on absorption in
Public Sector Undertakings under Rule 37 of CCS (Pension)
Rules.
(iv) A Government servant who is granted compensation pension on
abolition of permanent post under Rule 39, CS (Pension) Rules.

(2) If the above category of pensioners apply for commutation after

expiry of one year from the date of their retirement, it can be allowed only
after subjecting them to medical examination.
[ Rules 12 and 18 (v) ]

6. Who are eligible to commute pension after medical examination?

Ans:- A pensioner in receipt of either invalid pension or compulsory

retirement pension or an applicant in receipt of compassionate allowance and
all other pensioners who apply for commutation after one year form the date
of their retirement should undergo medical examination.

7. What action is to be taken by the Head of Office on an application

for commutation of pension?

Ans:- (1) The Head of Office on receipt of application in Form 1 shall –

(a) initial the Form indicating the date of its receipt.

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 (b) acknowledge immediately the receipt of Form 1 in Part-II of that
Form and despatch the same to the applicant;
(c) take immediate action to complete Part-III of Form 1 and forward
the same to the Accounts Officer after retaining one copy for his
record.

(2) In case application in Form 1 is received by the Head of Office after

one year of the date of retirement of the applicant, the Head of Office shall
inform the applicant that –
(a) he shall not be eligible to commute a fraction of pension without
medical examination;
(b) if he desires to get a fraction of the pension commuted, he should
apply afresh in Form 2 so that arrangements for medical
examination are made.
[ Rule 14 ]

8. Can a Government servant apply for commutation of pension

before actual retirement? If so, what procedure should be followed in
such cases?

Ans:- (1) A Government servant due to retire from service on attaining the
age of superannuation is eligible to apply for commutation of a fraction of his
pension before the actual retirement. He should submit an application in the
prescribed Form 1-A to the Head of Office, so as to reach the Head of Office
before the date of superannuation in which case the commutation becomes
absolute on the date following the date of retirement. However, the
Government shall have no liability for the payment of commuted value of
pension, if the Government servant dies before the date of superannuation or
forfeits claim to pension before such retirement.

(2) The Head of Office should acknowledge the receipt of Form 1-A to
the applicant and forward the same to the Accounts Officer responsible for the
issue of PPO. The Accounts Officer after necessary verification of the
information furnished in Form 1-A, shall authorize the Head of Office to draw
the amount of commuted value of pension and to hand over the cheque/draft
superscribed ‘Not payable’ before …….(date following the date of retirement)
to the pensioner. The A.O. will also indicate in the PPO the fact that the
commuted value of pension has been authorized separately for payment
through the Drawing and Disbursing Officer and that monthly pension has
been correspondingly reduced from its inception, exhibiting the gross pension
and the amount commuted.

(3) If, for some reason, it is not possible to arrange payment within the
first month after the date of retirement of the Government servant, the
Accounts Officer will authorize payment of difference of monthly pension for
the period from the day following the date of his retirement and up to the date
preceding the date on which the commuted value of pension is paid/deemed
to have been paid to the pensioner. The amount on this account will be drawn
by the DDO and disbursed to the pensioner. A note of the commuted value of

SAT 129
pension having been paid will be made in the Service Book by the Accounts
Officer.
[ Rule 13(3), 14 and 15 ]

9. State the procedure for commutation after medical examination.

Ans:- (1) A pensioner eligible for commutation of his pension after medical
examination, should submit an application in Form 2 to the Head of Office
where he last served.
(2) On receipt of Form 2, the Head of Office should acknowledge its
receipt to the pensioner and forward it to the Accounts Officer with the request
that Part-IV thereof may be completed and returned to him as early as
possible so that action for getting the applicant examined by the Medical
Authority is taken.

(3) The Accounts Officer should completer Part-IV of the Form 2 and
return it to the Head of Office.

(4) The Head of Office, on receipt of Form 2 from the Accounts Officer,
should address the concerned Chief Administrative Medical Authority in Form
3 along with the following documents:-
(a) Form 2 with Part-IV thereof duly completed in original.
(b) Two copies of the applicant’s photograph of which one shall be on
attested copy;
(c) A copy of Form 4 with a spare copy of Part-III thereof;
(d) A report or statement of the applicant’s case if he has been
granted invalid pension or has previously commuted a part of his
pension or declined to accept commutation on the basis of an
addition of years to his actual age or has been refused
commutation on medical grounds.

A copy of letter in Form 3 addressed to the Chief Administrative

Medical Authority shall be endorsed by the Head of Office to the applicant and
the Accounts Officer.

(5) The Chief Administrative Medical Authority on receipt of t he

documents referred to in Para (4) above, will arrange for the medical
examination of the applicant and also inform the applicant as to where and
when he should appear for medical examination. On the pensioner appearing
for medical examination, the Medical Authority should obtain from the
applicant a statement in Part-I of Form 4, duly signed by the applicant in its
presence and subject the applicant the applicant to medical examination and
enter the result thereof in Part-II of Form 4. The Medical Authority should
attest the unattested copy of the photograph of the applicant, completer the
certificate contained in Part-III of Form 4 and forward to the Accounts Officer
the documents, viz., (i) Form 2 in original, (ii) attested copy of the applicant’s
photograph, (iii) Form 4 in original and (iv) a certified copy of Form 4 to the
Head of Office who has countersigned Part-IV of Form 2. The Medical
Authority should also send to the applicant a certified copy of Part-III of Form
4.

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 (6) The Accounts Officer on receipt of the documents from the Medical
Authority will issue an order to the Pension Disbursing Authority concerned
authorizing payment of the commuted value of the pension to the pensioner
and endorse a copy of the order to the pensioner with the remarks that he
should collect the commuted value from his Pension Disbursing Authority.
[ Rule 19, 20, 21, 25 and 30 ]

10. Who is the appropriate Medical Authority to declare a pensioner fit

for commutation of his pension in the following cases? --
(a) a pensioner in receipt of invalid pension.
(b) a pensioner in receipt of superannuation or retiring pension who
applies for commutation after one year from the date of his retirement.
(c) a pensioner who has been refused commutation on medical grounds
applies for a second medical examination.
(d) a pensioner who has once declined to accept commutation on the
basis of addition of years to his actual age commended by the Medical
Authority, applies for a second medical examination.

Ans:- The appropriate Medical Authority to declare a pensioner fit for

commutation will be –
(a) Medical Board
(b) If the amount of pension desired to be commuted does not exceed
Rs.2,000 p.m., the appropriate Medical Authority is a Medical
Officer not lower in status than that of a Civil Surgeon, or a District
Medical Officer, otherwise a Medical Board.
(c) and (d) Medical Board.
[ Rule 22 ]

11. Can a pensioner who has applied for commutation of his pension
after medical examination withdraw his application? If so, under what
circumstances such withdrawal is permissible?

Ans:- A pensioner who has applied for commutation of his pension after
medical examination, may, after giving notice in writing, to the Head of Office,
withdraw his application at any time before appearing for medical
examination. He cannot withdraw his application after appearing for medical
examination. However, if the Medical Authority directs that the pensioner’s
age for the purpose of commutation shall be assumed to be greater than his
actual age, he may withdraw his application for commutation by giving notice
in writing to the Head of Office within fourteen days from the date on which he
receives the certified copy of Part-III of Form 4 and endorse a copy of notice
to the Accounts Officer.
[ Rule 28 ]

12. Comment on the following:-

(a) A Government servant after retirement applied for the commutation of
half the pension authorized to him and the lumpsum payment was paid to
him accordingly.

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 (b) A Government servant who retired on superannuation pension applied
for the commutation after 18 months of his retirement. The commutation
money was paid to him without subjecting him to a medical examination as
he had retired on superannuation pension.
(c) A Government servant due to retire on superannuation on 30-4-…..,
applied for commutation on 25-1-…… He died on 20-4-…. and his family
claims payment of commuted value of the pension.
(d) A Government servant compulsorily retired form service as a measure
of penalty applies for commutation of a fraction of his pension three
months after the date of retirement and the Head of Office insists that he
should be medically examined before authorizing commuted value of
pension.
(e) A Government servant retired from service on attaining the age of
superannuation while departmental proceedings instituted against him are
pending. He was granted provisional pension under Rule 69, CCS
(Pension) Rules and he applies for commutation of a fraction of the
provisional pension.
(f) A Government servant against whom departmental proceedings have
been initiated after the date of his retirement, requests for commutation of
a fraction of his pension and the Pension Sanctioning Authority considers
the request on the ground that the proceedings have been initiated after
his retirement from service.

Ans:- (a) A Government servant is entitled to commute for a lumpsum

payment a fraction not exceeding forty per cent of his pension. The grant of
commutation of half the pension, is therefore, not in order.
[ Rule 5 ]

(b) Commutation of pension without medical examination is admissible

if the pensioner applies for commutation in the prescribed form and delivers
the same to the Head of Office before the expiry of one year from the date of
retirement. The grant of commutation in this case without subjecting the
pensioner to medical examination is, therefore, not in order.
[ Rule 13 ]

(c) The Government shall have no liability for the payment of the
commuted value of pension if the Government servant dies before the date of
superannuation or forfeits claim to pension before such retirement. The claim
of the widow is not admissible.
[ Rule 13 (3) ]

(d) The action of the Head of Office is in order vide Rule 18 (iii) CCS
(Commutation of Pension) Rules.

(e) The Government servant is not eligible to commute a fraction of his

provisional pension during the pendency of the departmental/judicial
proceedings instituted against him.
[ Rule 4 ]

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 (f) No Government servant against whom departmental or judicial
proceedings have been instituted before the date of his retirement, or the
pensioner against whom such proceedings are instituted after the date of his
retirement, shall be eligible to commute a fraction of his pension during the
pendency of such proceedings. The request is not admissible.
[ Rule 4 ]

13. Under what circumstances can an applicant for commutation of

pension file against the finding of the Medical Authority ?

Ans:- If an applicant for commutation of pension feels that the Medical

Authority in refusing commutation on medical grounds or making addition of
years to his actual age has committed an error of judgement, he may prefer
an appeal by addressing a letter to the Head of Office that the opinion of the
Medical Authority may be got reviewed by another Medical Authority at his
own expenses. The appeal should be preferred within one month of the
receipt of the certified copy of Part-III of Form 4, from the Medical Authority.

[ Rule 27 ]

14. From which date is commuted portion of pension of a

Government servant to be restored ? Describe the procedure.

Ans:- (1) The commuted portion of pension of a Government servant has to

be restored to him on the expiry of 15 years from the date of his retirement if
the commutation of pension was simultaneous with his retirement (i.e., where
the payment of commuted value of pension is made during the first month of
retirement). In other cases where the date of commutation is subsequent to
the date of retirement thereby causing a time-gap between these two events,
the restoration of the commuted portion of pension would take place only on
the expiry of 15 years form the date commutation becomes effective.
(2) The pensioner should apply in the prescribed form duly completed to
the Pension Disbursing Authority who will restore the commuted portion of
pension if the commuted amount has been mentioned in the Pension
Payment Order and will also pay the arrears, if any. If the Pension Payment
Order does not contain information regarding commuted portion, the Pension
Disbursing Authority will obtain the information from the Accounts Office which
issued the PPO.
(3) The Pension Disbursing Authority will intimate to the Accounts Office
which had issued the PPO the full particulars of each such pension case
along with the amount of pension restored for verifying the correctness.
[ GIDs (2) and (3) below Rule 10 ]

15. A Central Government pensioner who had retired on 31-7-1988

A/N had commuted Rs. 2,500. When will the commuted portion of
pension be restored ?

SAT 133
Ans:- If the payment of commuted value of pension was made during the first
month of retirement leading to appropriate reduction on account of
commutation in the first pension itself, the commuted portion will be restored
from 1-8-2003, otherwise after 15 years reckoned from the date of
commutation, i.e., from the date on which reduction in pension on account of
commutation became effective.
[ GIDs (2) and (3) below Rule 10 ]

16. How will you regulate the payment of pension in the following
case? Also indicate the date from which the commuted portion of
pension will be restored.

A Central Government Officer who retired from service on

superannuation on 30-6-1997 with a monthly pension of Rs. 2,800 from 1-7-
1997 applied for commutation of forty per cent of his pension and the
commuted value of pension amounting to Rs. 1,40,582 was paid to him on 20-
7-1997. As a result of Government’s decision, his pension was revised and
enhanced to Rs. 2,880 and the commuted value of pension already paid to
him, amounting to Rs. 4,017 was paid to him on 10-12-1997.

Ans:- The pensioner is entitled to receive the monthly pension of Rs. 1,728
(Rs. 2,880 minus Rs. 1,152) from 10-12-1997 onwards. The Dearness Relief
on pension will be with reference to the enhanced pension of Rs. 2,880 p.m.
from 1-7-1997 onwards.
The commuted portion of pension, i.e., Rs. 1,152 will be restored from
1-7-2012, i.e., after 15 years reckoned from 1-7-1997, the date of original
commutation.
[ Rules 6 and 10, read with GIDs (1) to (3) below Rule 10 ]

17. How would you decide in the following circumstances:-

(i) A pensioner dies before receiving the commuted value.
(ii) Whether relief admissible to the pensioner is to be calculated on
original amount of pension or on reduced amount of pension in
case pension is commuted?
(iii) Whether commutation amount is taxable or not?
(iv) Can the commuted portion of pension be restored after some
time?

Ans:- (i) The commuted value of pension will be paid to the nominee, if the
pensioner has furnished a nomination under Rule 7 of CCS (Commutation of
Pension) Rules. If there is no nomination or the nomination made does not
subsist, the amount will be paid in the manner indicated in Rule 51 (1) (b) of
CCS (Pension) Rules, 1972. In case the amount cannot be paid as stated
above, the same will be paid to the heirs of the pensioner.
[ Rule 7 ]

(ii) The relief should be calculated on the original amount of pension.

[ Order (1) Chapter 5, FRSR – Part IV ]

(iii) The commutation amount is not taxable.

SAT 134
 [ Sec. 10, Income Tax Act. ]

(iv) The commuted portion of pension will be restored after 15 years.

Leave Rules
1. To whom do the Central civil Services (Leave) Rules, 1972, apply?
Mention any six category of Government servants to whom these rules
do not apply

Ans:- CCS (Leave )Rules, 1972 apply to all Central Government servant
appointed to the Civil services. The following are some of the categories of
employees to whom these Rules do not apply:-

(a) Railways servant;

(b) Casual, daily-rated and part-time staff;
(c) Contingent staff;
(d) Industrial employees;
(e) Work-charged staff; and
(f) Members of the all India Services (i.e., IAS, IPS and IFS).
[ Rule 2.]

SAT 135
2. Define the terms “ Government servant in permanent employ” and
“Date of retirement”.

Ans:- 1. “Government servant in permanent employee” means an officer who

holds substantively or provisionally substantively a permanent post or who
holds a lien on a permanent post or who would have held a lien on permanent
post had his lien not been suspended.
[ Rule 3
(j)]

2. “Date of retirement “ means the afternoon of the last day of the month
in
which the Government servant attains the age prescribed for retirement under
the terms and conditions governing his service.

[Rule 3
(e)]

3. What special provisions have been made in the central civil

Services
(Leave) Rules, 1972, regarding the leave of Government servants on
foreign service and those on temporary transfer to the Railways, State
Government and the Armed Forces?

Ans:- 1. Government servants to whom the Central Civil Services (Leave)

Rules, 1972 apply shall continue to be governed by these rules while on
temporary transfer to the Indian Railways or to a State Government or while
on foreign service within India.

2. In the case of Government servants on foreign service outside

India (including service with UN agencies within or outside India) or on
temporary transfer to the Armed Forces of the Union, these rules shall apply
only to the extent provided in the terms and conditions of foreign service or
temporary transfer, as the case may be.
[ Rule 4.]

4. How is the leave at credit of a Government servant affected if he is

transferred to an industrial establishment?

Ans:- If a Government servant governed by the CCS (Leave) Rules,

1972, is transferred to an Industrial Establishment wherein his leave terms
are governed by the Factories Act, he will be paid in one lump cash equivalent
of leave salary in respect of earned leave at his credit subject to a maximum
of 300 days and also in respect of all the half-pay leave at his credit. The cash
equivalent will consist of leave salary for earned leave/half pay leave plus
Dearness Allowance appropriate to such leave salary on the date of his

SAT 136
transfer. The cash equivalent of leave salary in respect of earned leave will be
paid in full. The cash equivalent of leave salary in respect of half-pay leave
will be reduced by an amount equal to the pension which the Government
servant would have got, had he retired from service on the date of his transfer
and pension equivalent of Retirement Gratuity and Relief on pension. If the
leave salary for the half-pay leave component fails short of the deemed
pension, pension equivalent of retirement gratuity and relief on pension, cash
equivalent of leave salary for half-pay leave will not be granted to him.

5. Enumerate the general conditions governing the grant of leave

under CCS (Leave) Rules, 1972.

Ans. The following are the general conditions governing the grant of leave
under CCS9Pension) Leave Rules, 1972:-

(1) Leave cannot be claimed as of right.

(2) When the exigencies of public service so require, leave of any kind
may be refused or reboked by the authority competent to grant it.

(3) The kind of leave applied for by the Government servant cannot be
altered by the leave sanctioning authority except at the written
request of the Government servant.
(4) A Government savant’s claim 10 leave regulated by the rules in
force at the time the leave is applied for and granted.

(5) The leave at the credit of a Government servant who is dismissed

or
removed from service shall lapse.
(6) If a Government servant who is dismissed or removed from service
is
subsequently reinstated in service on appeal or revision, he is entitled to
count for leave his service prior to such dismissal or removal from service.

(7) Any claim to leave at the credit of a Government servant who

resigns from Government service, ceases from the date of such resignation
except in the following cases:--

(a) Where a Government servant applies through proper channel

for
another post under the Government of India, but outside his
parent office/department and he is required to resign his post
before taking up the new one, such resignation will not result in

SAT 137
 the laps of the leave to his credit, but will be carried forward to
his new appointment.

(b) If a government servant whether temporary or permanent,

resign from Government service, he is entitled for the lumpsum
payment of cash equivalent in respect of earned leave at his
credit on the date of his designation, to the extent of half of such
leave at his credit, subject to a maximum of 150 days.

(8) If a Government servant, who having retired on compensation or

invalid pension or gratuity is re-employed and allowed to count his
past service for pension, his past service counts towards leave.

(9) Difference kinds of leave (except casual leave) can be availed in

combination .

(10) No Government servant may granted leave of any kind for a

continuous period exceeding five years except with the sanction of
the President.

(11) No Government servant while on leave other than leave

preparatory to retirement, shall ordinary be permitted to take up
any other service or employment. A Government servant while on
leave preparatory to retirement may be permitted to take up
employment with Public Sector Undertaking, any local authority , a
Corporation or company wholly or substantially owned/controlled by
the Government.

(12) Leave shall not be granted to a Government servant under

suspension or to a Government servant whom the competent
punishing authority has decided to dismiss, removed or
compulsorily retire from Government service.

(13) If a Government servant while on leave preparatory to

retirement is
recalled to duty, the unexpired portion of the leave from the date
of rejoining shall be cancelled and lumpsum cash payment in
lieu of the earned leave at his credit on the date of his retirement
will be paid to him.
[ Rule 7 to 17 and 39 ]

SAT 138
6. What is the effect of dismissal, removal or resignation on the
leave at credit of a Government servant?

Ans: Ordinarily, the claim to leave at the credit of a government

servant who is dismissed or removed or who resigns from Government
service, ceases from the date of such dismissal or removal or resignation.
2. A Government servant who is dismissed or removal from service and is
reinstated on appeal or revision will be entitled to count for leave his service
prior to dismissal or removal. Where there is no reinstatement, the leave at his
credit will lapse.
3. Where a Government servant applies for another post under Central
government outside his parent office/Department through proper channel and
he is asked to resign his post before taking up the new appointment, the
resignation is mere technical formality and will not result in lapse of leave at
his credit. The leave at his credit will be carried forward.
4. Except in the case o resignation as a technical formality referred to in
Para. 3 above, a Government servant who resigns his appointment will be
paid by the authority competent to grant his leave a lumpsum payment
equivalent to leave salary and dearness allowance admissible for earned
leave to the extent of half of such earned leave to the extent of half of such
earned leave at his credit on the date of resignation subject to a maximum of
150 days. This payment is admissible irrespective of whether the government
servant is temporary, quasi-permanent or permanent.
[Rule 9 and 39 (6) (a)(ii).]

7. To what extent and subject to what conditions may leave of one

kind be commuted into leave of another kind?

Ans.1 At the request of a Government servant, the authority which

granted him leave, may commute it retrospectively into leave of a different
kind which was due and admissible to him at the time the leave was granted;
but the Government servant cannot claim such commutation as a matter of
right.

2. Such commutation of leave shall be subject to adjustment of leave

salary on the basis of leave finally granted to the Government servant , that is
to say, any amount paid in excess shall be recovered or any arrears due to
him shall be paid.

3. Extraordinary leave granted on medical certificate or otherwise, any

also be commuted retrospectively into leave not due subject to the provisions
of Rule 31.
4. The authority competent to granted leave may commute retrospectively
periods of absence without leave into extraordinary leave.
5. Commutation of one kind of leave into another kind of leave is
permissible only if the request for such commutation is made within
thirty days of rejoining after the relevant spell of leave.
M.G.8.
6. If should be applied for while in service only and not after retirement.
[ Rule 10,26,31 and 32.]

SAT 139
8. What restrictions has been imposed on Government servants
regarding the acceptance of service or employment while on leave ?

Ans: A Government servant (other than the one who has been
permitted private practice or casual literary work or service as examiner or
similar employment) while on leave including LPR, cannot take up any
service or employment elsewhere, without the previous sanction of the
Competent Authority.
2. If he is on leave other than LPR, he is not ordinarily permitted to take
up any other service or employment. If such permission is granted in any
exceptional case, the Government servant may be required either to resign
his appointment or to have his services transferred temporarily from his parent
office.
3. A Government servant while on leave preparatory to retirement is not
permitted to take u[p private employment. He may, however, be permitted to
take up employment with a Public sector Undertaking or a body referred to in
Rule 38. The leave salary admissible shall be the same as admissible under
Rule 40.
[Rule 13.]

9. A Government servant on leave other than leave preparatory to

retirement applies for permission to take up another employment. The
competent Authority permitted the government servant to take up the
other employment. Comment.

Ans:- The action of the competent Authority is not in order. If grant of

such permission is considered desirable in any exceptional case, the
government servant may have his services transferred temporary from his
parent office to the office in which the is permitted to take up service or he
may be required to resign his appointment before taking up any other
employment.
[Rule 13 (3).]

10. How is leave regulated in the case of a Government servant who

has proceeded on leave preparatory to retirement and who is required
for employment during such leave in any post under the central
Government?

Ans: 1. If the Government servant is agreeable to duty, the unexpired

portion of the leave from the date of rejoining will be cancelled.
2. The Government servant will be entitled for the payment of a lumpsum
cash in lieu of unutilized earned/half pay leave at his credit on the date of his
retirement on superannuation.
3. Such recall to duty before expiry of leave shall be treated as
compulsory. He will be entitled for the grant of Travelling allowance as on
tour from the place at which the order of recall reaches him to the station to
which he is recalled if the unexpired portion of the leave is not less than one

SAT 140
month. If unexpired of leave is less than one month., T.A. may be allowed to
him at the discretion of the authority recalling the government servant.
4. The period from the date on which the government servant starts for
the station to which he is ordered will be treated as duty; but he will draw
leave salary for that period.
[Rule 13,23,CCS (Leave) Rules and SR 142.]

11. How is leave applied for? How is the title to leave verified before
it is sanctioned?

Answer:- An application for leave should be made in the prescribed form

to the authority competent to grant leave. Before granting leave to a
Government servant, its admissibility should be obtained from the authority
maintaining the leave account. Where there will be undue delay in obtaining
the admissibility report, the leave sanctioning authority may calculate the
leave at credit on the basis of available information and issue provisional
sanction of leave for a period not exceeding 60 days, subject to verification
by the authority maintaining the leave account.
Every order sanctioning leave to a government servant should indicate
the balance of Earned Leave/Half-Pay Leave at the credit of the government
servant.
[ Rule 14,16.]

12. Describe briefly the rules laid down for the grant of leave on
Medical Certificate to Gazetted/Non-Gazetted Government servants.

Ans: - For leave on medical certificate, a Government servant

(Gazetted or non-Gazetted).—

(i) If he is a CGHS beneficiary and is living in an area covered by the

CGHS at the time of illness shall be required to produce the
Medical/Fitness certificate, either from a CGHS Doctor or a
Government Hospital.
(ii) If he is not a CGHS beneficiary (including a Government servant who
has opted out of the CGHS or is CGHS, i.e.,, proceeds outside the
Headquarters on duty, leave etc. ,) will have to produce the
Certificate from him AMA. In case of non-Gazetted Government
servant, production of Medical/fitness certificate from an RMP may
be allowed, if there is not AMA available within a radius of 8 kms of
his residence (or place of temporary stay outside the
Headquarters).

(iii) In case of hospitalization/indoor treatment permitted in a private

hospital recognized under the CGHS/Central services
9Medical attendance) rules, 1944, (whether a CGHS
beneficiary or not) may produce the Medical/fitness

SAT 141
 certificate from the authorized Doctor in such a hospital in
case his hospitalization/indoor treatment is on account of the
particular kind of disease (e.g., heart, cancer, etc.,) for the
treatment of which the concerned hospital has been
recognized by the Ministry of Health and Family welfare. This
relaxation will not be admissible in case of any day-
today/outdoor treatment or indoor treatment in respect of
any other disease.

2. The leave sanctioning authority may, at its discretion, secure a second

medical opinion by requesting a Government Medical Officer not below the
rank of a civil Surgeon or staff surgeon, to have the applicant medically
examined on the earliest possible date.

3. The Government Medical Officer should express an opinion both as

regards the facts of the illness and as regards the necessity for the amount of
leave recommended. For that purpose, he may either require the applicant to
appear before himself or before a Medical Officer nominated by him.

4. The production of a Medical Certificate my be waived in cases where

the period of leave does not exceed three days. Such leave will, however, not
treated as leave on Medical certificate.
[ Rule 19 and GID (4) thereunder.]

13. (a) Can leave be granted to a Government servant who is declared by

a Medical Authority as unfit for service? If so, under what conditions?
What is the maximum amount of leave that can be granted?

Answer:- (a) 1. When a Medical Authority has reported that there is no

reasonable prospect that the government servant will ever be fit to return to
duty, leave should not necessarily be refused to him. Leave may be granted
to him if due, on the following conditions:--

(a) If the Medical Authority is unable to say with certainty that he will never
again be fit for service, leave not exceeding twelve months in all may
be granted. Such leave will not be extended without further reference
to a Medical Authority.
(b) If the Medical Authority declares that he is permanently unfit for
service, leave or an extension of leave may be granted to him after the
report of the Medical authority has been received, provided the amount
of leave as debited to the leave account together with any period of
duty beyond the date of the report of the Medical authority does not
exceed six months. He should be invalided from service on the expiry
of such leave or extension of leave, if any, granted to him. If no such
leave is granted, his relief should be arranged without delay.

[Rule 20.]

SAT 142
 (c) A Government servant who is declared by a Medical Authority to be
completely and permanently incapacitated for further service, may be
granted , suo motu, by the authority competent to grant leave, cash
equivalent of leave salary in respect of earned leaved leave and half-
pay leave at his credit on the date of his retirement on invalidation
subject to the condition that the period of earned leave and half-pay
leave for which he would have retired on superannuation. However, the
cash equivalent of leave salary for earned leave up to a maximum of
300 days may be granted even if this period exceeds the period
between the date on date on which the Government servant actually
retires on invalidation and the date on which he would have retired in
the normal course on superannuation. The cash equivalent in respect
of earned leave portion will be paid in full. The cash equivalent for the
half-pay leave will be reduced by the amount of pension, pension
equivalent of Retirement Gratuity and relief on pension. If the amount
of cash equivalent in respect of half-pay leave portion is equal to or
less than the amount of pension, pension equivalent of retirement
gratuity and relief on pension, then no cash equivalent will be payable
in respect of half-pay leave portion.
Only a Government servant in permanent employ is eligible for the
payment of cash equivalent in respect of half-pay leave at his credit.
[Rule 39-B.]

14. Can and if so to what extent leave be sanctioned to a Government

servant who is unlikely to be fit to return to duty?

Answer:- See answer to Q 13 (a) above.

15. What are the rules regarding the condition of holidays with leave?
How are the pay and allowances for holidays so combined regulated?

Answer:- Holidays can be prefixed and suffixed to leave subject to the

following conditions:-
(1) The transfer or assumption of charge should not involve the handing or
taking over securities or money other than a permanent advance.
(2) The early departure of the Government servant prefixing the holiday
should not entail a correspondingly early transfer from another station
of another Government servant to perform his duties.
(3) The delay in his return should not involved a corresponding delay in
the transfer to another station of the Government servant who was
performing his duties during his absence or in the discharge from
Government service of a person temporarily appointed to it.

SAT 143
 (4) If holidays are suffixed or prefixed to leave, such days are treated as
duty. Leave commences and terminates as if the prefixing/suffixing has
not been done. Any conseq1uent rearrangement of pay and
allowances., i.e., calculation of leave salary will be for the actual period
of leave exclusive of such holidays permitted to be prefixed or suffixed.
(5) A compensatory leave granted in lieu of duty performed on a Sunday
or holiday for a full day may be treated as a holiday for the above
purpose.
(6) When a Government servant is certified medically unwell to attend
office, holiday(s) if any, immediately preceding the day he is so certified
will be allowed automatically to be prefixed to leave and the holiday(s)
if any, immediately succeeding the day he is so certified ( including that
day ) will be treated as part of the leave.
(7) In the case of leave on medical certificate, if the day on which an
employee is certified medically fit for joining duty happens to be a
holiday, he shall be automatically allowed to suffix such holiday and
succeeding holiday(s), if any, to his leave and such days shall not be
counted as leave. Holiday(s), if any, preceding the day he is so certified
will form part of leave.
[ Rule 22. ]

16, State the conditions under which a Government servant on leave

can be recalled to duty before the expiry of leave. What concessions are
admissible to a Government servant recalled from leave ?
What are the entitlements of a Government servant who is
recalled to duty before the expiry of his leave if he was spending his
leave (i) in India, (ii) out of India ?

Ans. In case a Government servant is recalled to duty before the expiry of

his leave, such recall to duty shall be treated as compulsory in all cases and
he will be entitled to the following concessions :-
(a) Leave in India.
1. From the date of starting for the station to which he is ordered to the
date of joining the post, he will be treated as on duty, but he will draw
only leave salary during this period.
2. For the journey performed, he is entitled to Travelling Allowances
under SRs 142 and 143 ( i.e., if the unexpired portion of leave is not
less than a month, he is entitled to T.A and if the unexpired portion of
leave is less than one month, T.A. may be allowed by the authority
recalling him, at his discretion).

(b) Leave out of India.

1. Free passage to India.

SAT 144
 2. Refund of cost of passage from India to the place where he was
enjoying his leave, if the period of leave enjoyed up to the date of
leaving for India on recall does not exceed half of his original leave or 3
months whichever is less.
3. Time spent on voyage is counted as duty for leave, but only leave
salary will be paid for this period.
4. From the date of landing to t he date of joining the post, he will be paid
leave salary at the same rate at which he would have been paid but for
recall to duty.
5. T.A. for the journey from the place of landing, to the place of duty under
SR 142.
[ Rule 23. ]

17. How is the period of l eave granted to a Government servant

affected in the following circumstances :-

(1) He is recalled to duty from leave out of India

(2) He is recalled to duty from leave in India.
(3) He is transferred to foreign se4rvice while on leave.

Ans. 1. The officer ceases to be on leave from the date he embarks the ship
leaving for India and the period of voyage shall be treated as duty for
purposes of calculating leave
[ Rule 23. ]

2.His leave ends when he starts for the station to which he is ordered.
[ Rule 23. ]

3. If a Government servant is transferred to foreign service while on

leave, he ceases to be on leave from the date of such transfer.
[ FR 112. ]

18. How would you deal with the following cases ?

(1) A Government servant on leave on medical certificate reports his return

to duty on the expiry of the period of leaving granted to him.
(2) A Government servant on leave reports his return to duty 15 days
before the expiry of the period of leave granted to him.
(3) A Government servant on leave reports his return to duty 7 days after
the expiry of the period of earned leave granted to him.

(4) A Government servant who is awarded with the penalty of compulsory

retirement from service at once applies for leave preparatory to retirement
which is due to him and would take him to the date of his retirement on
superannuation.

SAT 145
Ans : (1) The Government servant should produce a medical certificate of
fitness in the prescribed form before rejoining duty.
[Rule 24(3)]

(2) The Government servant will not be allowed to rejoin duty, unless he is
permitted to do so by the authority which granted him leave.
[Rule 24(1)]

(3) The period of overstayal of leave will be debited against the leave
account of the Government servant, as though it were half-pay leave to the
extent half-pay leave is due, the period in excess being treated as
extraordinary leave but the official will not be entitled to any leave salary for
the period of overstayal unless it is regularized by the grant of extension of
leave. If the absence is willful, it renders the Government servant liable to
disciplinary action
[Rule 25]

(4) Leave cannot be granted to a Government Servant whom a Competent

Authority has decided to dismiss, remove or compulsorily retire from
Government service.
[Rule 17]

19. How are the period of overstayal of leave treated in the case of
Government servants and what salary do they get during such
overstayal?
(OR )

The period of overstayal of earned leave is debited against half-

pay leave and the Government servant was paid leave salary as if he
was on half-pay leave. Comment.

Ans: The period of overstayal should, unless the leave is extended by the
Competence Authority, be debited against his half-pay leave to the extent due
and the balance treated as extraordinary leave. But the Government servant
is not entitled to any leave salary during such overstayal of leave not covered
by an extension of leave by the Competent Authority.

Wilful absence from duty after the expiry of leave renders a

Government servant liable to disciplinary action.
[Rule 25]

20. How is the entitlement to earned leave of Government servant

(other than Military Officer) serving in a non-vacation department
calculated ?
(OR)
What is the rate at which ‘earned leave’ is earned and credited to
the leave account under the CCS (Leave) Rules,1972 ?

SAT 146
Ans: From 1-1-1977, each employee’s leave account will be credited
in advance with earned leave of 15 days on 1st January and 15 days on 1st
July each year. The leave at credit of the employee at the close of previous
half-year will be carried forward to the next half-year. The leave so carried
forward plus the credit for that half-year will be restricted to the maximum of
180 days up to 30-6-1986, 240 days from 1-7-1986 to 30-6-1997 and 300
days from 1-7-1997 including the number of days encashed at the time of
availing LTC. The credit of 15 days of earned leave to be afforded at the
beginning of each half-year will be restricted by 1/10th of the period of
extraordinary leave availed of by him and/or any period of absence treated as
dies non during the previous half-year subject to a maximum of 15 days.

2.When a Government servant is appointed in a particular half-year,

carried leave will be credited to his leave account at the rate of 2 ½ days for
each completed calendar month of his service reduced by 1/10th of the
number of days of extraordinary leave availed of by him during the
proceeding half-year as well as in the current half-year. Similarly, 1/10th of the
number of days, if any, treated as dies non should be reduced from the
earned leave to be credited.
[Rule 26 and 27]

21. Indicate the maximum days of earned leave that may be granted
to a Government servant at a time.

Ans: The maximum days of earned leave the may be granted to a

Government servant at a time is as follows:-

(i) 180 days, in the case of any Government servant employed in India.

(ii) 240 days to a Government servant in Group ‘A’ or Group ‘B’ service,
provided the entire leave or that portion to the leave Burma, Ceylon, Nepal
and Pakistan.
(iii) 300 days in the case of leave preparatory to retirement.
[Rules 26 and 38.]

22.How is the calculation of earned leave regulated in the case of

Government servants who die while in service or who are due to retire
or resign in any half-year?

Ans: In the case of a Government servant who dies while in service or who is
due to retire or resigns from service, the credit for the half-year in which he
dies or is due to retire or resigns will be afforded at the rate of 2 ½ days per
completed calendar month in the half-year up to the date of
death/retirement/resignation. This credit will be subject to reduction by 1/10th
of extraordinary leave, if any, availed of/period treated as dies non during the
preceding half-year, subject to maximum of 15 days. In addition, 1/10th of
EOL if any availed, and /or period treated as dies non during that half-year,
will also be reduced from the EL to be credited. If the leave already availed of
is more than the credit so due to him, necessary adjustment should be made
in respect of the leave salary overdrawn, if any.

SAT 147
 When affording credits in the leave account, fraction of a day should be
rounded-off to the nearest day (fraction of ½ should be rounded-off to the
next higher number).
[ Rule 27 and GID(2) thereunder.]

23. How is the earned leave at credit of a Government servant affected if

he avails of any leave other than earned leave.?

Ans: From 1-1-1977, any leave other than extraordinary leave availed of by
the Government servant will not affect his entitlement for earned leave. Only
1/10th of the period of extraordinary leave (and/or any period of absence
treated as dies non) availed of by a Government servant in a half-year will be
reduced, subject to a maximum of 15 days, from the earned leave to be
credited at the beginning of the next half-year.
[Rule 27 and GID’s (1) and (2) thereunder.]

24. Is there any provision in the CCS (Leave) Rules to afford advance
credit of ‘earned leave’ to a Government servant who had already
accumulated the maximum of 300 days’ earned leave before 1st January
or 1st July? If so, how such credit will be accounted for?

Ans. From 1-1-1997, in cases where the earned leave at the credit of a
Government servant as on 1st January or 1st July is more than 285 days,
credit for 15 days will be afforded on 1st January/1st July but the resultant
balance in excess of 300 days will be shown separately in brackets. Any EL
availed during that half year will be first adjusted against the balance shown
separately. If any balance is still left unavailed at the end of the half-year, the
same will lapse and the credit afforded on the 1st of the next half-year will be
again shown separately.
[ GIO (2) below Rule w26]

25. State the rules according to which leave is earned under CCS
(Leave) Rules by Government servants (other than a Teacher, Principal,
Headmaster, Librarian, Laboratory Assistant or a Waterman working in a
school) in a Vacation Department.

Ans. Government servants(other than a Teacher, Principal, Headmaster,

Librarian, Laboratory Assistant or a Waterman working in a school) serving in
a vacation department are entitled to the benefit of half pay leave, commuted
leave, leave not due and extraordinary leave as officers serving in the non-
vacation departments are; but their position about earned leave is different. It
is not admissible in respect of duty performed in any year in which a
Government servant avails himself of full vacation is enjoyed, the earned
leave admissible would be such proportion of 30 days of vacation not enjoyed
bears to the full vacation is enjoyed. When no vacation is enjoyed in a year,
earned leave is admissible as in the case of a Government servant in the non-
vacation department. In respect of a temporary Government servant serving
in a vacation department, no earned leave is admissible in respect of his
service, if he enjoys at least a portion of vacation.

SAT 148
 Vacation is constructed as not availed only when the Government
Servant is under the orders of higher authority required to forgo the same.

Vacation may be taken in combination with or in continuation of earned

leave/half pay leave, etc.; but the total duration of vacation and earned leave
taken in conjunction should not exceed the limits prescribed in Rule 26.
[ Rule 28(2) to (5). ]

26. State the rules according to which leave is earned under CCS
(Leave) Rules by a Teacher, Principal, Headmaster, Librarian, Laboratory
Assistant or a Waterman working in Government School.

Ans.1. The leave account of a Teacher, Principal, Headmaster, Librarian,

Laboratory Assistant or a Waterman working in Government School will be
credited in advance with earned leave in two instalments of 5 days each on
the 1st January and July, of every year. 1/30th of the period of extraordinary
leave availed of and /or 1/30th of any period treated as dies non during a half-
year should be deducted from the credit of 5 days afforded at the
commencement of the next half-year.

2. If, in any year, such Government servant does not avail himself of
any vacation, his leave account will be credited with earned leave, in advance
in two instalments of 15 days each on the 1st January and July of every year.
1/10th of the period extraordinary leave, if any, availed of and/or 1/10th of any
period treated as dies non in a half year should be deducted from the credit
of 15 days earned leave afforded at the commencement of the next half-year.
Vacation is constructed as not availed only when the Government servant is
required, under the orders of the higher authority, to forgo the same.

3. If, in any year, such Government servant avails of full vacation, no

earned leave will be admissible for that year. If only a portion of the vacation
has been availed of in a year, he will be entitled to earned leave in such
proportion of 30 days as the number of days on vacation not taken bears to
the full vacation. If a Temporary Government servant avails at least a portion
of vacation in his first year of service, he is not entitled to any earned leave for
the year.
4. The earned leave admissible under Para.2 to 3 above is in addition
to the earned leave admissible under Para.1 above but the accumulation of
earned leave at any time is restricted to a maximum of 300 days.
5. No half pay leave will be admissible to a Teacher, Principal, Head-
master, Librarian, Laboratory Assistant or a Waterman working in a
Government school.
6. Vacation may be taken in combination with or in continuation of
earned leave/ extraordinary leave; but the total duration of vacation and
earned leave taken in conjunction should not exceed the limits prescribed in
Rule 26.
[Rule 28,29 and 26 ]

27.State the difference between vacation departments and other

departments in the matter of leave benefits.

SAT 149
 Ans. In a non-vacation department, at present the employee’s leave
account is credited with 30 days of earned leave for a year, the credit being
given in two instalments of 15 days on the first of January and July every
year. Whereas in a vacation department, if a Government servant does not
avail the vacation in full he is entitled for the credit of 30 days in a year, at par
with a Government servant in non-vacation department.

If the Government servant avails of the full vacation in a year, he is not

entitled to earned leave in that year. If he avails portion of the vacation, the
credit of earned leave is also proportionately made. If a Government servant
not in permanent or quasi-permanent employ avails a portion of vacation in
the first year of his service, he is not entitled for any earned leave for the year.
‘Year’ will be construed to mean twelve months of actual duty.

In a non-vacation department, half pay leave at the rate of 5/3 days for
each completed calendar month of service will be admissible to all
Government servants, but in a vacation department half pay leave at this rate
will be admissible to Government servants other than Teachers, Principals,
Headmasters, Librarians, Laboratory Assistant and Watermen working in a
School.

In a vacation department, additional earned leave of 10 days a year will

be admissible to Teachers, Principals, Headmasters, Librarians, Laboratory
Assistant and Watermen working in a School. This is in lieu of half pay leave.
There is nor difference in the entitlements of leave not due,
extraordinary leave and commuted leave except that in vacation department
Teachers, Principals, Headmasters, Librarians, Laboratory Assistant and
Watermen working in a School are not eligible for Commuted Leave and
Leave Not Due, as they are not entitled for half pay leave. [ Rule 26 and 28 ]

28. How is the calculation of half pay leave to a Central Government

servant regulated from 1-1-1986?

Ans. The half pay leave account of every Government servant will be credited
with half pay leave in advance, in two instalments of ten days each on the first
day of January and July of every calendar year.

One-eighteenth of the period of absence or suspension which is treated as

dies non in a half-year will be reduced from the advance credit of 10 days to
be afforded at the commencement of the next half-year.

If a Government servant is appointed in a half-year, the half leave at

the rate of 5/3 days for each completed calendar month in that half-year will
be credited in his leave account. Similarly, if a Government servant ceases to
be in service in a half -year, credit of half pay leave will be afforded at the rate
of 5/3 days for each completed month of service in the half-year.
While affording credit of half pay leave, fraction of a day shall be
rounded off to the nearest day.
[ Rule 29 ]

SAT 150
29. Under what circumstances can commuted leave be granted to a
Government servant? Indicate the limits up to which such leave may be
granted and the leave salary admissible during such leave period.

Ans.1. Commuted leave not exceeding half the amount of half pay leave due
may be granted on Medical Certificate.

2. Half pay leave up to a maximum of 180 days shall be allowed to be

commuted without production of Medical Certificate during the entire service if
such leave is unutilized for an approved course of study, i.e., a course which
is certified to be in the public interest by the leave sanctioning authority.

3. The Sanctioning Authority should be satisfied that there is a

reasonable prospect of the Government servant returning to duty on its expiry.
Thus it cannot be granted as leave preparatory to retirement.

4. Twice the amount of commuted leave is debited in the leave account

against half-pay leave due.

5. Where a Government servant granted commuted leave quite service

voluntarily without returning to duty, the commuted leave will be treated as
half-pay leave and the excess leave salary recovered. If the retirement is for
reasons of ill-health, or in the event of his death, recovery may be waived.

6. Commuted leave may be granted at the request of the Government

servant even when earned leave is due to him.

7. Commuted leave up to a maximum of 60 days can be granted in

continuation of maternity leave without the production of Medical Certificate.

8. A Government servant on commuted leave is entitled to leave salary

equal to the pay drawn immediately before proceeding on leave.

30. What is ‘Leave Not Due’?

Ans. ‘Leave Not Due’ is a kind of leave which may be granted on

Medical Certificate up to a maximum of 360 days during the entire service to a
permanent Government servant or to a temporary Government servant
suffering from TB Leprosy, Cancer or Mental illness subject to fulfillment of
certain conditions. It is not granted as leave preparatory to retirement. It is
debited in half-pay leave account of the Government servant which will be
wiped out by his future earnings of half-pay leave.

‘Leave Not Due’ may be granted without production of Medical

Certificate when it is availed in continuation of maternity leave.
[ Rule 31 and 43.]

31. State the conditions under which and the extent to which Leave Not
Due may be granted to Government servants in permanent or quasi-

SAT 151
permanent employ(other than a Military Officer) under the Central Civil
Services(Leave)Rules, 1972.

Ans. Except in the case of leave preparatory to retirement Leave Not Due
may be granted on Medical Certificate to a permanent Government servant. It
may also be granted to those temporary Government servants who are
suffering from TB, Leprosy, Cancer or Mental illness. Its grant is subject to the
following conditions:-
1. Leave Not Due may be granted only on production of Medical
Certificate. Exception- when it is in continuation of maternity leave.
2. The authority competent to grant leave should be satisfied that there
is a reasonable prospect of the Government servant returning to duty on its
expiry.
3. Leave Not Due should be limited to the half-pay leave he is likely to
earn thereafter.
4. Leave Not Due during the entire service is limited to a maximum of
360 days
5. In the case of temporary Government servant (suffering from TB,
Leprosy, Cancer or Mental illness), he should have a minimum of one year’s
service and the request for grant of such leave should be supported by a
Medical Certificate from the institution recognized for the treatment of such
disease or by a Civil Surgeon or a Staff Surgeon or a Specialist in such
disease.
6. Leave Not Due will be debited against the half-pay leave the
Government servant may earn subsequently.
7. When a Government servant who has been granted Leave Not Due
resigns from service or at his request permitted to retire voluntarily without
returning to duty, the Leave Not Due should be cancelled, his resignation or
retirement taking effect from the date on which such leave had commenced
and the leave salary should be recovered.
8. Where a Government servant, who having availed himself of Leave
Not Due, returns to duty but resigns or retires from service, before he has
earned such leave, he will be liable to refund the leave salary to the extent the
leave has not been earned subsequently.
9. In cases 7 and 8 above, no leave salary should be recovered if the
retirement is by reason of ill-health incapacitating the Government servant for
further service or if the Government servant is retired prematurely under the
provisions of FR 56(j) or FR(1) or Rule 48(1) of CCS(Pension) Rules or in the
event of his death.
[ Rule 31. ]

32. How is the period of Leave Not Due granted to a Government servant
regulated when he returns to duty but resigns or retires from service?
Ans.See Para. 8 of answer to Q. 31.

33. Can ‘Leave Not Due’ be granted to a temporary Government servant?

If so, under what conditions such leave may be granted?

Ans. ‘Leave Not Due’ may be granted to temporary Government servants who
are suffering from Tuberculosis, Leprosy, Cancer or Mental Illness, for a

SAT 152
period not exceeding 360 days during entire service subject to the fulfillment
of the following conditions:-

(i) The authority competent to grant leave should be satisfied that there
is a reasonable prospect of the Government servant returning to duty
on its expiry.
(ii) Leave Not Due shall be limited to the half pay leave that the
Government servant is likely to earn thereafter.
(iii) Leave Not Due shall be debited against the half pay leave that the
Government servant may earn subsequently.
(iv) The Government servant has put in a minimum of one year’s
service
(v) The post from which the Government servant proceeds on leave is
likely to last till his return to duty.
(vi) The request for grant of such leave is supported by a Medical
Certificate from the institution recognized for the treatment of such
disease or by a Civil Surgeon of Staff Surgeon or a Specialist in such
disease.
[ Rule 31(1-A).]

34. Distinguish between ‘Leave Not Due’ and ‘Commuted Leave’.

Ans. ‘Leave Not Due’ is a kind of leave on half pay which may be granted on
Medical Certificate to a Government servant in permanent service. It may also
be granted to temporary Government servant who have put in a minimum of
one year’s service and are suffering from TB/Leprosy/Cancer or Mental
Illness. It is debited against the half pay leave the Government servant may
earn subsequently and is limited to 360 days during the entire service. Subject
to certain restriction, “Leave Not Due” may be granted to female Government
servants in continuation of maternity leave without production of Medical
Certificate.
‘Commuted leave’ is a kind of leave which may be granted to a
Government servant, whether permanent or temporary on Medical Certificate.
Twice the amount of ‘Commuted leave’ granted will be debited against half
pay leave due to the Government servant. The leave salary for the period of
commuted leave will be equal to leave salary admissible for ‘earned leave’.
Half pay leave up to a maximum of 180 days may be allowed to be commuted
during the entire service without production of Medical Certificate where such
leave is utilized for an approved course of study certified to be in the public
interest by the leave sanctioning authority. Commuted leave cannot be
granted when the Government servant has no Medical Certificate may also be
granted to a female Government servant for a period not exceeding 60 days
applied for in continuation of maternity leave.
[ Rule 31, 30 and 43.]
35. What is Extraordinary Leave and in what circumstances can it be
granted to Government servant (other than a Military Officer)? What are
the limitations in respect of Government servants not in permanent or
quasi-permanent employ?
(OR)
In what circumstances can Extraordinary leave be granted?

SAT 153
Ans.1. Extraordinary leave is a kind of leave admissible under CCS (Leave)
Rules. A Government servant on extraordinary leave is not entitled to any
leave salary. Only House Rent Allowance and Compensatory (City) Allowance
will be admissible at the rate at which they were drawn before proceeding on
Extraordinary Leave. It is also granted to regularize unauthorized absence
from duty without leave.

2. Extraordinary leave may be granted to a Government servant (other than a

Military Officer) in special circumstances:-

(a) when no other leave is admissible;

(b) when other leave is admissible, but the Government servant applies
in writing for the grant of extraordinary leave.

3. A temporary Government servant shall not be granted extraordinary leave

on any occasion in excess of the following limits:-

(a) three months;

(b) six months for common ailments where the Government servant
has completed one year’s continuous service on the date of expiry of
leave of the kind due and admissible under rules, including three
months, extraordinary leave under(a) above and his request for such
leave is supported by a Medical Certificate as required by the rules.
(c) eighteen months, where the Government servant who has
completed one year’s continuous service is undergoing treatment for-
(i) Pulmonary tuberculosis or pleurisy of tubercular origin, in a
sanatorium; or
(ii) tuberculosis of any other par of the body by a qualified
tuberculosis specialists or a Civil Surgeon or Staff Surgeon,
or
(iii) leprosy in a recognized leprosy institution or by a Civil
Surgeon or Staff Surgeon or a specialist in leprosy hospital
recognized as such by the State Administrative Medical
Officer concerned; or
(iv) for cancer, or for mental illness, in any institution recognized
for the treatment of such disease or by a Civil Surgeon or
Staff Surgeon or a specialist in such disease.
(d) twenty-four months, where the leave is required for the
purpose of prosecuting studies certified to be in the public
interest, provided the Government servant has completed
three year’s continuous service on the date of expiry of leave
of the kind due and admissible under these rules, including
three months, extraordinary leave under clause (a).
4. Extraordinary leave cannot be granted to run concurrently with the period of
notice given by a Government servant for seeking voluntary retirement.
[ Rule 32 and GID(2) thereunder.]

36. Up to what extent can extraordinary leave be granted to a

Government servant in permanent employ at a time?

SAT 154
Ans. No limit is prescribed for the grant of extraordinary leave to a
Government servant in permanent employ, except that no Government
servant may be granted leave of any kind for a continuous period exceeding
five years unless the President, in view of the exceptional circumstances
otherwise determines.
[ Rule 32 and 12.]

37. How does a spell of extraordinary leave affect earning of leave?

Ans. A Government servant earns half-pay leave at the rate of 5/3 days for
each completed month of service which may include spells of extraordinary
leave also. Earning of half-pay leave is not affected by spells of extraordinary
leave. However , in the case of ‘earned leave’, the advance credit to be
afforded in the leave account on 1st January and 1st July every year will be
reduced by one-tenth of the periods of extraordinary leave availed of by the
Government servant during the preceding half-year, subject to a maximum of
15 days.
[ Rule 27 and 29.]

38. How is the case of a temporary Government servant who applies for
extraordinary leave in excess of the limits dealt with?

Ans. 1. When a temporary Government servant asks for leave in excess of

the limits prescribed under Rule 32 and if the circumstances are exceptional,
a decision could be taken by the leave sanctioning authority to grant further
leave in excess of the limits in consultation with the Ministry of Finance. If the
leave sanctioning authority is not satisfied with the genuineness of the
grounds on which further leave has been asked for, nor does it consider the
grounds as exceptional, the leave cannot be granted. In such a case, the
Government servant should be asked to rejoin duty within a specified date
failing which he would render himself liable for disciplinary action.
Disobedience of orders to rejoin duty within the specified period would afford
good and sufficient reasons for disciplinary action under CCS (CCA) Rules,
1965. If he rejoins duty by the stipulated date, he may be taken back to
service and the period of absence not covered by leave treated as overstayal
of leave and dealt with in accordance with Rule 25.
2. If he does not join duty by the stipulated date, the Disciplinary
Authority may institute disciplinary proceedings against him. If during the
course of disciplinary proceedings he comes for rejoining duty, he should be
allowed to do so without prejudice to the disciplinary action already initiated
against him (unless he is placed under suspension). The question of
regularization of the period of overstayal of leave should be left over for
consideration till the finalization of the disciplinary proceedings.
[ Rule 25 read with GID(3) thereunder. ]

39. How is leave, governed in the following cases:-

(a) a probationer;
(b) a person appointed on probation;
(c) an apprentice;
(d) a person re-employed after retirement,

SAT 155
Ans.(a) A probationer is governed by the rules which would be applicable to
him, if he held his post substantively otherwise than on probation.
(b) A person appointed to a post on probation shall be entitled to leave
as admissible to any other Government servant.
(c) An apprentice is entitled to leave on Medical Certificate on leave
salary equivalent to half-pay for a period not exceeding one month in
any year of apprenticeship and extraordinary leave.
EXCEPTION:- SAS apprentices are treated like temporary Government
servants for the purpose of leave.
(d) A person re-employed after retirement will be treated as if he had
entered Government service for the first time on the date of his re-
employment.
[ Rule 33 and 34.]

40. Bring out clearly the distinction between ‘extraordinary leave’? and
‘Leave Not Due’
OR
How is ‘Leave Not Due’ different from ‘extraordinary leave’

Ans.1. Extraordinary leave is leave without pay while Leave Not Due carries
half-pay.

2. Extraordinary leave is granted in special circumstances when no other

leave is by rule admissible or when specifically applied for in writing.
Production of Medical Certificate is not compulsory. Leave Not Due is an
advance grant of leave on half-pay against future earning of half-pay leave.
This cannot be granted without production of Medical Certificate except when
it is in continuation of maternity leave.

3. In the case of ‘Leave Not Due ‘; the sanctioning authority should

satisfy that there is reasonable prospect of the Government servant returning
to duty after its expiry but in the Extraordinary leave, there is no such
condition.

4. The total period of absence on Extraordinary leave combined with

other kinds of leave should not exceed 5 years. The limit of Leave Not Due is
360 days during the entire service.

5. Extraordinary leave may be granted to temporary Government

servants also up to certain limit but Leave Not Due is admissible only to
temporary Government servants who are suffering from TB, Leprosy, Cancer
or Mental illness, if they have put in a minimum of one year’s service.

6.Extraordinary leave counts for increment only if is on medical

certificate or granted due to inability of Government servant to join or rejoin
duty on account of civil commotion or for prosecuting higher technical or

SAT 156
scientific studies. Leave Not Due counts for increments like other kinds of
leave.

7. Extraordinary leave taken otherwise than on medical certificate does

not count as qualifying service for pension except when such leave is granted
due to inability of Government servant to join or rejoin duty on account of civil
commotion or for prosecuting higher technical or scientific studies but Leave
Not due counts.

8. Extraordinary leave is not debited in the leave account , whereas

Leave Not Due is debited against half –pay leave.

9. While affording advance credit of

Earned Leave ‘ on 1st January and 1st July every year 1/10th of period of
extraordinary leave availed of during the previous half –year is deducted from
the advance credit of EL but no such deduction is made in respect of ‘Leave
Not Due’. [ Rule27,31 and
32 ]

41 If a Government servant is granted extension of service beyond

the date of his retirement of superannuation, what leave benefit does he
get for the extended period of service?

Ans. During the period of extension, a Government servant earns only ‘earned
leave’. He may be granted –

(i) during the period of extension, and earned leave due in respect
of the period of such extension plus the earned leave which was
at his credit on the date of his retirement on superannuation
subject to the usual maximum period that can be taken at a
time.

(ii) After the expiry of the period of extension, he is entitled for the
payment of cash equivalent of the earned leave at credit on the
date of his retirement on superannuation, plus the earned leave
which was earned during the period of extension, reduced by
the earned leave availed during the period of extension, subject
to a maximum of 300 days.
[ Rule 39 (4)]

42. Enumerate the various kinds of leave which can be availed of

under Medical Certificate. What is the entitlement of pay and allowances
during such leave?

Ans. Leave that can be availed of on Medical Certificate – Earned Leave ,Half
Pay Leave, Commuted Leave, Leave Not due ,Maternity Leave for
miscarriage and extraordinary leave.

SAT 157
 2. Leave salary admissible .-

On earned Leave , commuted leave Equal to the drawn

immediately
And Maternity Leave for miscarriage. Before proceeding on leave.
On half pay leave and Leave Equal to half of the leave
salary
Not due admissible for earned leave.
On Extraordinary Leave …. No leave salary.
3. Allowance admissible. –
Dearness allowance. …. Appropriate to the leave salary
drawn.
HRA abd CCA …. At the same rates at which they were
Drawn before proceeding on leave.

43. What provision exist in the CCs(Leave) Rules,1927, in regard to

the treatment of (i) Earned Leave,(ii) Half Pay Leave at the credit of a
Government servant in the following circumstances ?

(a) Retirement on attaining the age of superannuation.

(b) Premature /Voluntary retirement by giving notice either by the
Government to the Government servant or by the Government
servant to the Government.
(c) Retirement on invalidation of a permanent/Quasi-permanent
Government servant.
(d) Invalidation of temporary Government servants.
(e) Resignation/quitting from service of a Government Servant.
(f) Termination of the services of a temporary Government servant by
giving notice or by payment of pay and allowance in lien of notice.
(g) A Government servant re-employed after retirement finally quitting
the service.
(h) Retirement of a Government servant on superannuation during the
period of suspension.
(i) Premature retirement of a Government servant by the Government
by paying and allowance in lien of the period notice.
(j) Retirement of a Government servant while on Foreign service.
(k) Compulsory retirement of a Government servant as a measure of
penalty.

Ans. The following provision exist in the CCS(Leave) Rules, 1927, in regard
to treatment of leave at credit of a Government servant under different
circumstances:-

(a) Retirement on superannuation – In respect of ‘earned leave’ at the

credit of the Government servant, the authority competent to grant
leave will suo motu issue sanction granting lumpsum cash
equivalent of leave salary admissible for the number of days of
earned leave at his credit subject to a maximum of 300 days,
reduced by number of days for which encashment was availed along
with LTC . The leave salary will consist of (i) leave salary based on

SAT 158
 the pay including Special Pay. NPA and Stagnation Increment, if any
,last drawn by the Government servant and (ii) “Dearness Allowance
,appropriate to the leave salary admissible on the date retirement.
No HRA or CCA will be payable.
As regards half pay leave, the entire half pay leave at the credit
of the Government servant shall be allowed to encashed subject
to the condition that pension and pension equivalent of other
retirement benefit shall be deducted from the cash equivalent for
the HPL.
[Rule 39(2) GID (12) thereunder]

(b) Premature/Voluntary retirement by giving three months’ notice -

The Government servant will be granted, suo motu by th authority
competent to grant him leave, cash equivalent of the leave salary
in respect of ‘earned leave’ at his credit subject to a maximum of
300 days and also in respect of all the half pay leave at his credit
subject to the condition that the period of earned leave and /or half
pay leave does not exceed the period between the actual date of
retirement and the normal date of retirement on superannuation.
However ,cash equivalent of leave salary in respect of ‘earned
leave’ up to a maximum of 300 days, reduced by number of days
for which encashment was availed along with LTC may be granted
even though this period of earned leave for which cash equivalent is
granted exceeds the period between the date of actual retirement
and the date on which the Government servant would have retired
on superannuation. The cash equivalent will be equal to the leave
salary as admissible for earned leave and /or half pay leave plus
Dearness Allowance admissible on that leave salary, at the rate in
force on the date of actual retirement. The Dearness Allowance will
be admissible for the 300 days of leave. If the cash equivalent for
half pay leave is equal to or less than pension, pension equivalent
of Retirement Gratuity and relief on pension, then no cash
equivalent is payable for half pay leave at his credit. No HRA or
CCA will be payable.
[ Rule 39 (5)]

(C)Retirement on invalidation of a permanent/quasi-permanent

Government servant – The government servant will be granted, suo

motu by the authority competent to grant him leave, a lumpsum cash
equivalent of leave salary in respect of (i) earned leave due up to a
maximum of 300 days and (ii) half pay leave, due. The cash equivalent
will consist of leave salary admissible for earned leave and /or half pay
leave for which the cash equivalent is payable should not exceed the
period between the date of actual retirement and the date on which
the Government servant would have retired on superannuation
reduced by number of days for which encashment was availed along
with LTC .No deduction should be made from the cash equivalent
admissible for half pay leave portion, pension, pension equivalent of
Retirement Gratuity and relief on pension should be deducted. If the

SAT 159
 amount of cash equivalent in respect of half pay leave is equal to or
less than pension, pension equivalent is payable in respect of half pay
leave. No HRA or CCA will be admissible.
[ Rule 39 -B]

(d) Invalidation of temporary Government servant – The Government

servant may be granted, suo motu, by the authority competent to
grant him leave, a lumpsum cash equivalent of leave salary in
respect of earned leave available at his credit on the date of
invalidation subject to maximum of 300 days reduced by number of
days for which encashment was availed along with LTC. The cash
equivalent of leave salary will consist of leave salary admissible for
earned leave plus Dearness allowance appropriate to the leave
salary at the rates in force on the date invalidation. No HRA or CCA
will be admissible. No cash equivalent is payable in respect of half
pay leave at his credit.
[ Rule 39 –B]

(e) Resignation/quitting from service of a government servant – I f a

Government servant ,whether permanent or quasi-permanent or
temporary, resigns or quits service, he will be granted suo motu, by
the authority competent to grant him leave, a lumpsum cash
equivalent in respect of ‘earned leave’ at his credit on the date of
cessation of service, to the extent of half of such leave at his credit
,subject to a maximum of 150 days reduced by the number of days
for which encashment was availed along with LTC.
[Rules 39 (6) (a) (ii).]

(f) Termination of the service of a temporary Government servant by

giving notice or payment of pay and allowances in lieu of notice. –
The Government servant will be granted, suo motu, by the authority
competent to grant him leave, cash equivalent in respect of earned
leave at his credit on the date on which he ceases to be in service
subject to a maximum of 300 days reduced by number of days for
which encashment was availed along with LTC. The cash
equivalent will consist of leave salary admissible for earned leave
plus DA, appropriate to the leave salary at the rates in force on the
date of cessation of duties. [ Rule 39
(6) (a) (i) ]

(g) A government servant re-employed after retirement finally quitting

the service.- On termination of his re-employment, he will be
granted, suo motu, by the authority competent to grant him leave,
cash equivalent in respect of earned leave at his credit on the date
of termination of re-employment subject to a maximum of 300 days
including the period for which encashment was allowed at the time
of retirement reduced by number of days for which encashment was
availed along with LTC. The cash equivalent will consist of leave
salary admissible for earned leave plus DA appropriate to leave

SAT 160
 salary at the rate in force on the date of termination of his
appointment. No.HRA or CCA is admissible.
[ Rule 39 (6) (a) (iii). ]

(h) A Government servant re-employed after retirement finally quitting

the service -
On termination of his re-employment, he will be granted, suo mtu,
by the authority competent to grant him leave, cash equivalent in
respect of earned leave at his credit on the date of termination of re-
employment subject to a maximum of 300 days including the period
for which encashment was allowed at the time of retirement
reduced by number of days for which encashment was availed
along with LTC. The cash equivalent will consist of leave salary at
the rates in force on the date of termination of his appointment. No.
HRA or CCA is admissible.
[ Rule 39 (6) (a) (iii) ]

(i) Premature retirement of a Government servant by paying to him

pay and allowances in lieu of notice – The Government servant
who is retired by Government by giving him pay and allowances in
lieu of notice, may be granted suo motu by the authority competent
to grant leave, cash equivalent of leave salary in respect of earned
leave at his credit up to a maximum of 300 days and also in
respect half pay leave at his credit subject to the condition that the
total period of earned leave and half pay leave for which cash
equivalent of leave salary is granted shall not exceed the period
between the date of retirement and the date on which he would
retire on superannuation reduced by number of days for which
encashment was availed along with LTC. However, cash
equivalent of leave salary in respect of earned leave may be would
retire on superannuation. The pension, pension equivalent of
retirement gratuity and relief on pension should be deducted from
the cash equivalent for half pay leave.
[Rule 39
(5)]

(j) Retirement of Government servant on superannuation while on

foreign service – Where a Government servant retires from service
on attaining the age of superannuation while on foreign service, the
authority competent to grant him leave will suo motu grant him
lumpsum cash payment in respect of earned leave available at his
credit on the date of his retirement, subject to a maximum of 300
days as well as half pay leave due to him on that date reduced by
number of days for which encashment was availed along with LTC.
The cash equivalent will consist of leave salary admissible for
earned leave/half pay leave plus DA appropriate to the leave salary
at the rates in force on the date of his retirement on superannuation
while on foreign service. Pension, pension equivalent of retirement
gratuity and dearness relief on pension will, however, be deducted
from the cash equivalent of leave salary for half pay leave.

SAT 161
 [Rule 38 (2) (b) and 39
(2).]

(k) Compulsory retirement as a measure of penalty.- The half pay

leave at credit of the Government servant will lapse. In respect of
‘earned leave’ at the credit of the Government servant, the
authority competent to grant leave will suo motu issue sanction
granting lumpsum cash equivalent of leave salary admissible for the
number of days of EL at his credit subject to a maximum of 300
days only in cases where the Disciplinary Authority has not imposed
any cut in the amount of pension reduced by number of days for
which encashment was availed along with LTC. If any cut is
imposed by the Disciplinary

Authority in the amount of pension, no cash payment in respect of

unutilized earned leave will be admissible.
[ Rule 39 (5 –A)]

44. A temporary Government servant, who resigns from service,

requests that he may be paid the leave salary for the period of leave at
his credit on the date of his resignation. Comment.

Ans. See Item (e) in the answer to Q 42.

45. Is any provision in the rules for payment of cash equivalent of

leave salary to the family of a Government servant who dies while in
service in respect of the leave at his credit?

Ans. In case a Government servant dies while in service, the cash equivalent
of the leave salary that the deceased employee would have got, had he gone
on earned leave that would have been due and admissible to him but for the
death on the date immediately following the death and in any case, not
exceeding leave salary for 300 days , will be paid to his family reduced by
number of days for which encashment was availed along with LTC. In addition
to leave salary, Dearness Allowance at the appropriate rate will also be paid.
No HRA or CCA is admissible.
[ Rule 39-A]

46. To whom the ‘lumpsum cash equivalent of leave salary’ payable

in the event of (i) death of a Government servant while in service, (ii)
death of a Government servant after retirement/resignation but before
actual receipt of the amount ?

Ans. In the event of the death of a Government servant while in service or

after retirement/resignation but before actual receipt of the cash equivalent of
leave salary, the amount is payable in the following manner;

SAT 162
 (i) to the widow (eldest surviving widow, if more than one widow) or
husband, if the deceased is a female Government servant;
(ii) failing a widow or husband, to the eldest surviving son or an
adopted son;
(iii) failing (i) and (ii) above, to the eldest surviving unmarried
daughter;
(iv) failing (i) to (iii) above, to the eldest surviving widowed
daughter;
(v) failing (i) to (iv) above, to the father;
(vi) failing (i) to (v) above, to the mother;
(vii) failing (i) to (vi) above, to the eldest surviving minor brother;
(viii) failing (i) to (vii) above, to the eldest surviving unmarried sister;
(ix) failing (i) to (viii) , to the eldest surviving widowed sister;
(x) failing (i) to (ix) above, to the eldest surviving married daughter;

and

(x) failing (i) to (x) above, to the eldest son of the eldest
predeceased son.
[ Rule 39 –C]

47. (a) Under what circumstances can the leave salary of a Government
servant be paid in lumpsum instead of monthly payment?

(b) What are the provisions regulating encashment of ‘earned

leave’?

Ans: See answer to Question Nos. 41, 42 and 44.

48. An increment fell due during the period when a Government

servant was on leave and he died before rejoining duty. To what
additional benefit the family of the deceased Government servant is
entitled?

Ans. Leave salary is based on the pay drawn by a Government servant

immediately before proceeding on leave and if an increment falls due during
the currency to leave , the benefit of increased pay will be admissible to him
only from the date he rejoins duty. However, in the case of a Government
servant who earns an increment during the period of any kind of leave with
leave salary and dies before rejoining duty, a lumpsum, ex gratia payment, in
addition to the normal leave salary and lumpsum cash equivalent of leave
salary is payable to his family. The ex gratia payment will be equivalent to the
difference between the amount of leave salary as well as cash equivalent of
leave salary in respect of unutilized earned leave admissible under the
rules(which will be calculated without taking into account the increment falling
due during currency of leave period up to the date of death was allowed from
its due date. The ex gratia payment can be sanctioned by the Head of
Department.

SAT 163
 [GID (3) below Rule 39 ]

49. How is the leave salary of a Government servant on leave

preparatory to retirement regulated if he takes re-employment during
such leave under a Private/Public Sector Undertaking ?

Ans. The Government servant is entitled for the full leave salary admissible for
earned leave/half pay leave, as the case may be.
[Rule 40 ]

50. State the difference between grant of ‘cash equivalent of leave

salary’ in respect of leave at credit at the time of premature/voluntary
retirement and grant of ‘cash equivalent of leave salary’ in respect of
leave at credit at the time of retirement on superannuation.

Ans. In the case of premature /voluntary retirement , the period for which cash
equivalent of leave salary is paid should not exceed the period between the
actual date of retirement and the normal date of retirement on
superannuation. However, cash equivalent of leave salary for earned leave up
to a maximum of 300 days will be allowed even though this period may
exceed the period between the date of actual retirement and the date of
superannuation. But there is no such restriction in the case of superannuation
retirement.
[Rule 39 ]

51. What are the kinds of leave not debited to the leave account ?

Ans. Leave of the following kinds is nor debited in the leave account :-

1. (a) Maternity leave … … [ Rule 43 (5) and

(b) Paternity leave … … [ Rule 43 – A.]
2. First 120 days of special disability
Leave with leave salary as on earned
Leave and remaining period of special
Disability leave with salary as on half
Pay leave. … … [ Rule 44 (6)]
3. Hospital leave … … [Rule 46 ]
4. Seamen’s sick leave … … [ Rule 47 ]
5. Extraordinary leave … … [ Rule 32 ]
6. Period of voyage during compulsory
Recall from leave out of India … [ Rule 23 (3) (b) ]
7. Departmental leave … … [ Rule 49 ]
8. Leave taken during foreign service out
of India when LS contribution is not
recovered … … [ Rule 123 (a) ]

52. Write short notes on –

SAT 164
 (a) Maternity leave
(b) Paternity leave
Ans. 1. (a) Maternity leave is granted to a female Government servant with
less than two surviving children for a period of 135 days from the date of its
commencement.

2. During maternity leave, she shall be paid leave salary equal to the
pay drawn immediately before proceeding on leave. In the case of persons
governed by the Employees’ State Insurance Act, 1948, the leave salary
payable shall be reduced by the amount of benefit payable under the said Act
for the corresponding period.

3. Maternity leave may be combined with leave of any other kind.

4. Any kind of leave due and admissible (including commuted leave not
exceeding 60 days and Leave Not Due) may be granted up to a maximum of
one year in continuation of maternity leave without production of Medical
Certificate.

5. Maternity leave for a total period not exceeding forty-five days in the
entire service may also be granted to a female Government
servant(irrespective of number of surviving children) in case of miscarriage
including abortion and induced abortion, provided the application for the leave
is supported by a medical certificate.

6. Maternity leave is not debited in the leave account.

[ Rule 43. ]

(c) Paternity leave is granted to a male Government servant ,habing

less than two surviving children, for a period of 15 days at the time
of confinement of his wife, i.e., up to 15 days before or up to six
months from the date of delivery of the child. Leave salary will be
equal to the pay drawn immediately before proceeding on leave.
Paternity leave can be combined with any other kind of
leave(except casual leave) and will not be debited to the leave
account.
[ Rule 43 – A ]

53. Is an unmarried female Government servant eligible for grant of

maternity leave.

Ans. Unmarried female Government servant is also eligible for grant of

maternity leave as admissible under Rule 43.
[ GIO (1) below Rule 43 ]

54. A female Government servant applied for maternity leave on the basis of a
Medical Certificate confirming threatened abortion. Comment.

Ans. Maternity leave is admissible in the case of abortion, but it is not

admissible in the case of threatened abortion.

SAT 165
 [ Rule 43 and GID (4) ]

55. Indicate the circumstances and conditions under which special

disability leave can be granted to a Government servant who is disabled
by injury intentionally inflicted on him. How is leave salary during such
leave regulated ?

OR

What is the maximum special disability leave that can be granted to a

Government servant in consequence of one disability and what is the
leave salary admissible during such leave ?

Ans. Special disability leave may be granted to a Government servant who is

disabled be injury intentionally inflicted or caused in, or consequence of the
due performance of his official duties, or in consequence of his official
position. Its grant is subject to the following conditions : -

1, such leave is not granted unless the disability manifested itself within
three months of the occurrence to which it is attributed and the person
disabled acted with due promptitude in bringing it to notice. However, if the
authority competent to grant leave is satisfied as to the cause of the disability,
he may permit grant of disability leave in cases where the disability
manifested itself more than three months after the occurrence of its cause.
2. the period of leave granted shall be such as is certified by the
Authorized Medical Attendant to be necessary. The maximum limit is 24
months.
3, It may be granted more than once if the disability is aggravated or
reproduced in similar circumstances at a later date subject to a maximum of
24 months in consequence of any one disability.

4. It may be combined with leave on any other kind.

5. It counts for pension.

Regulation of leave salary. – First 120 days – leave salary as on earned

leave, Remaining period – as on half-pay leave. The Government servant has
the option of drawing leave salary as on earned leave for the further period,
not exceeding 120 days beyond the first 120 days, in which case his leave
account should be debited with half-pay leave to the extent of the further
period.

The leave salary shall be reduced by the amount of compensation or benefit

payable under the Workmen’s Compensation Act or the Employees’ State
Insurance Act. If any.
[ Rule 44. ]

56. Indicate the circumstances and conditions under which special

disability leave can be granted to a Government servant who is disabled
by accidental injuries incurred in the due performance of duties.

SAT 166
 Ans.- Special disability leave may granted to a Government servant
who is disabled by injury accidentally incurred in, or in consequence of, the
due performance of his official duties or in consequence of his official position,
or by illness incurred in the performance of any particular duty which has the
effect of increasing his liability to illness or injury beyond the ordinary risk. Its
grant is subject to the following conditions: -

1. Such leave is not granted unless the disability manifested itself

within three months of the occurrence to which it is attributed and the person
disabled acted with due promptitude in bringing it to notice.
2. The authority competent to grant leave pay permit grant of disability
leave in cases where the disability manifested itself more than three months
after the occurrence of its cause, if it is satisfied as to the cause of the
disability.
3. The period of leave granted shall be such as is certified by the
Authorized Medical Attendant to be necessary.
4. The disability, if due to disease, must be certified by the AMA to be
directly due to the performance of the particular duty.
5. Disability, contracted otherwise than with a military force, should be
exception in character.
6. The amount of special disability leave granted on leave salary as on
earned leave shall not exceed 120 days.
7. The leave salary shall be reduced by the amount of compensation or
benefit payable under the Workmen’s compensation Act or the Employees’
State Insurance Act, if any.
[ Rule 45 ]

57. What is the difference between special disability leave granted for
intentional injuries ad that granted for accidental injuries ?

Ans. The points of difference are as detailed below –

Rule 44 Rule 45
Intentional injuries Accidental injuries

1. Disability due to intentional 1. Disability due to accidental

Injury(and not for illness). Injury, or illness.
2. Injury need not be beyond the 2. The illness or injury should be
Ordinary risk attached to his beyond the ordinary risk attach-
Post. ing to the civil post held.
3. Applied as a matter of course. 3. Applied only when the dis-
ability is exceptional so as to
justify such leave. If due to
disease,
AMA should certify that it is due to
the Particular duty.

4. Total period restricted to 24 4. Such leave on full LS not to

Months, First 120 days on full exceed 120 days.

SAT 167
 leave salary. Balance on half
pay leave salary. Government
servant has the option to draw
full LS for a second 120 days
by debiting 120 days of HPL.

5. Such leave can be combined 5. Such leave can be combined with

With other kinds of leave. other kinds of leave, but the total
period is limited to the period
recommended by the AMA

58. In what circumstances and under what conditions may Hospital

Leave be granted to a Government servant ?

Ans.- Hospital leave may be granted to the following categories of

Government servants while under medical treatment in a hospital or
otherwise, for illness or injury, if such illness or injury is directly due to risks
incurred in the course of their official duties:-

(a) Group ‘D’ Government servants.

(b) Group ‘C’ Government servants whose duties involve the handling
of
dangerous machinery ,explosive materials, poisonous drugs and the
like, or the Performance of hazardous tasks.

2. Hospital leave may be granted only on the production of MC from an

AMA.

3. Hospital leave may be granted for such period as the authority

granting it may consider necessary, on leave salary (i) equal to leave salry
while on earned leave for the first 120 days and (ii) equal to leave salary
during half pay leave, for the remaining period beyond 120 days.
4. Hospital leave is not debited to the leave account. It may be
combined with any other kind of leave up to a total of 28 months.
5.Leave salary during hospital leave should be reduced by the amount
of compensation or benefit payable under the Workmen’s Compensation Act
or the Employees’ State Insurance Act, if any.
[Rule 46 ]

59. Distinguish between special disability leave and hospital leave.

Ans.—Four important points of difference are indicated in a tabular form

below-

SAT 168
Special disability leave Hospital leave
1. May be granted to any government May be granted only to Group ‘D’ or
servant. Group ‘C’ Government servant whose
duties involve handling of dangerous
machinery, explosives, etc.
2. May be granted for disability May be granted while under medical
Caused in consequence of treatment for illness or injury directly
performance of duties within three due to risks incurred in official duties.
months of the occurrence.
3. May be granted for a period Not No such limitation but the total
more than 24 months. duration combined with other kinds of
leave should not exceed 28 months
4. leave Salary - first 120 days as on Leave Salary – as on earned leave
earned and thereafter as on half pay for the first 120 days and as on half
leave pay leave for the remaining period
beyond 120 days.

[ Rule 44,45 and 46 ]

60. What is study leave ? What are the conditions governing its grant ?

Ans. – Study leave is granted to a Government servant, Gazetted or non-

gazetted, subject to the fulfillment of certain conditions, to enable him to
undergo, in or out of India, a special course of study consisting of higher
studies or specialized training in a professional or a technical subject having a
direct close connection with the sphere of his duty. Study leave may also be
granted for studies not closely or directly connected with the work, but which
are capable of widening his mind and improving his ability as a civil servant.
Some important conditions governing the grant of study leave are given below
:-

1. Competent Authorities should give the prescribed certificate regarding

public interest.

2. Study leave out of India should not be granted if facilities are available in
India.

3. Minimum satisfactory service including period of probation should be five

years ; should not attain superannuation within three years from the date
expected return to duty after proposed study leave.

4. Maximum amount of leave – ordinary 12 months at a time which can be

availed in more than one spell also and 24 months in all during entire service.

5. Total period in combination with other kinds of leave (other than

Extraordinary leave) and vacation should not exceed 28 months. In the case
of employees undergoing course of study leading to the award of Ph. D.
degree, the total period in combination with other kinds of leave(other than
Extraordinary leave) and vacation should not exceed 36 months.

SAT 169
6. A study allowance may be granted during the course of study outside India,
subject to the conditions prescribed. When scholarships/stipends are paid or
part-time employment, is undertaken, study allowance is either not granted or
suitably reduced.

7. No T.A. is ordinary paid.

8. Cost of fees for study s ordinarily paid by the Government servant, but in
exceptional cases may be borne by Government.

9.Every Government servant should execute a bond in the prescribed form.

10. During study leave availed either in India or outside India, the Government
servant is entitled to leave salary equal to the pay last drawn under
Government and Dearness Allowance appropriate to such leave salary. For
the first 180 days of study leave, HRA and CCA will be admissible at the
rates at which it was drawn at the station from where he proceeded on leave;
but its continuance beyond the first 180 days is subject to production of
necessary certificate. In the case of study leave availed outside India, study
allowance will also be admissible in addition to the leave salary; but not study
allowance is admissible if the study leave is availed in India.

11. The amount, if any, received by a Government servant during the period
of study leave in India as scholarship or stipend or remuneration in respect of
any part-time employment, shall be adjusted against the leave salary subject
to the condition that the leave salary shall not be reduced to an amount less
than that payable as leave salary during half day leave.

12. Study leave counts as service for promotion, pension ,increments and
seniority.

13. Special concessions are admissible in the case of Government servant

who are awarded Jawaharlal Nehru Fellowships.
[ Rules 50-62 read with GID below Rules 51 and 60 ]

61. Is a Government servant on study leave permitted to accept, in

addition to leave salary, study allowance, etc, any scholarship or
stipend from any other source ? If so, how is drawal of the leave salary,
allowances, stipends etc., in such cases regulated ?

Ans. A Government servant , who is granted study leave may be permitted to

receive and retain, in addition to his leave, any scholarship or stipend that
may be awarded to him from a Government or non-Government source.
Such a Government servant should ordinarily not be granted any study
(arrived at by deducting the cost of fees paid by the Government servant, if
any , from the value of the scholarship or stipend) is less than the study
allowance that would be admissible but for the scholarship of stipend, the
difference between the value of the net scholarship or stipend and the study
allowance may be granted by the leave sanctioning authority.

SAT 170
62. What is the action to be taken if a Government servant resigns or
retires from service or quits service without returning to duty after study
leave or within three year after return to duty.

Ans. 1. The Government servant should be required to refund the actual

amount of leave salary , study allowance ,cost of fees, T.A and other
expenses, if any, incurred by Government and the actual amount, if any , of
the cost incurred foreign agencies or Trusts in connection with the study,
together with interest from the date of demand, before the resignation is
accepted or permission to retire is granted .

2. The study leave availed of by such Government servant will be

converted into regular leave and the balance of study leave so adjusted,
treated as extraordinary leave. The excess of leave salary on such conversion
will also be recovered.

3. any waival or reduction of the recovery may be done under

President’s sanction
4. The recovery may not be made if the retirement is on medical
grounds or he is permitted to resign from Government for the purpose of
permanent absorption in a Government undertaking.
[ Rule 63. ]

63. What are the different kinds of leave not earned by duty which can be
granted to Government servants ? In what circumstances can such
leave be given ?

Ans. – The following kinds of leave are not earned by duty. The
circumstances under which they can be granted are also briefly indicated –

1. Study Leave is granted to enable an officer to prosecute higher scientific

and technical studies.
[ Rule 50 ]

2. Hospital Leave is granted to Group ‘D’ Government servant and such

Group ‘C’ Government servants whose duties involve the handling of
dangerous machinery , explosive material, poisonous drugs and the like or the
performance of hazardous tasks, while under medical treatment or illness or
injury, if such illness or injury, is directly due to risks incurred in the course of
their official duty.
[Rule 46 ]

3, Maternity Leave is granted to female Government servant in the case of

the birth of a baby, or in the event of miscarriage or abortion, including
induced abortion.
[ Rule 43 ]

SAT 171
4. Paternity Leave is granted to a male Government servant at the time of
confinement of his wife. This leave can be availed up to 15 days before or up
to six months from the date of delivery.
[ Rule 43 ]

5. Seamen’s sick Leave is granted to a Government servant serving as

an officer, warrant officer or petty officer on a Government vessel while
undergoing medical treatment for sickness or injury either on his vessel or in
hospital.
[ Rule 47. ]

6. Special Disability Leave is granted to a Government servant who is

disabled by injury intentionally inflicted or intentionally/accidentally caused in ,
or in consequence of the due performance of his official duties or in
consequence of his official position or by illness incurred in the performance
of any particular duty, which has the effect of increasing his liability to illness
or injury beyond the ordinary risk attaching to the civil post which he holds.
[ Rules 44 and 45. ]

7. Departmental Leave is granted to a Government servant serving in the

Survey of India Department during the recess by the Head of the Party or
Office to which the Government servant belongs and by the Director at times
other than recess, provided that the leave is granted in the interest of the
Government and not at the Government servant’s own reque4st, it is
admissible also to seasonal staff in P & T Department.
[ Rule 32. ]
8. Extraordinary Leave is granted to a Government servant when no other
leave is admissible to him or when, other leave being admissible, he applies
for the grant of extraordinary leave.
[ Rule 32. ]

9. Earned Leave is credited in two installments of 15 days each on 1st

January and 1st July each year .1/10th of the period of extraordinary leave
availed of by the Government servant during a half year is reduced subject to
a maximum of 15 days from the credit to be afforded at the beginning of the
next half year. Thus leave periods, except extraordinary leave, also earn
‘earned leave’. If a Government servant on transfer from one station to
another does not avail the full joining time admissible, the unavailed portion of
joining time will, under certain conditions, be credited in his earned leave
account
[ Rule 26. ]

10. Half Pay Leave is credited in two installments of 10 days each on the
first day of January and July of every calendar year 1/18th of the period
treated as ‘dies non’ in a half-year subject to a maximum of ten days will be
reduced from the credit to be afforded at the beginning of the subsequent half-
year. Thus even leave periods earn half pay leave.
[ Rule 29. ]

SAT 172
64. Mention various special kinds of leave admissible to a
Government servant ?

Ans. 1. Earned Leave.- No difference

2. Half Pay Leave.- No difference in regard to earning of Half Pay Leave;

but in the grant of Half Pay Leave to a temporary Government servant, the
leave sanctioning authority should have reasons to believe that the
Government servant will return to duty on its expiry.
3. Leave Not Due.- A permanent Government servant is entitled to Leave
Not Due on Medical Certificate up to a limit of 360 days in the whole
service. A temporary employee is entitled to the grant of Leave Not
Due, only if he has put in a minimum of one year’s service and is
suffering from TB, Leprosy, Cancer or Mental Illness and subject to the
condition that the post from which the Government servant proceeds
on leave is likely to last till his return to duty. Such request for leave
shall always be supported by MC.
4. Extraordinary Leave.- This may be granted to permanent and quasi-
permanent Government servants up to a total combined continuous
absence of 5 years. In the case of a temporary Government servant,
the maximum is restricted for periods varying from 3 months to 24
months.

66. How is the leave salary of an officer calculated under the CCS (
Leave ) Rules, during different kinds of leave when he proceeds on leave
while officiating in a higher post ?

Ans. (1) Earned Leave.- Leave salary equal to the pay drawn immediately
before proceeding on earned leave.
(2) Half Pay Leave. – Leave salary will be half of the leave salary
calculated as in (1) above.
(3) Commuted Leave.- Leave salary will b e as in (1) above.
(4) Leave not due. – Leave salary will be as in (2) above.
(5) Extraordinary Leave.- No leave salary.
[ Rule 40. ]

67. Can a Government servant be granted the leave salary in advance

? If so, under what conditions can it be granted ?

Ans. A Government servant proceeding on leave for a period not less than
thirty days may be allowed an advance in lieu of leave salary up to a month’s
pay and allowances admissible on that leave salary subject to deductions on
account of Income Tax, Provident Fund, House Rent, recovery of advances,
etc. This advance shall be debited to the same head of account to which the
leave salary of the Government servant is debatable and will be adjusted
against the leave salary payable to the Government servant.
[ Rule 42. ]

68. Comment on the following :-

SAT 173
(1) A Government servant who has been served with a notice of three
months for retirement under RF 56 (j) applies for the grant of 160 days earned
leave and 60 days half pay leave due to him.
(2) A Government servant who is retired under FR 56 (j) by payment of
pay and allowances in lieu of notice, applies for the grant of 130 days ‘earned
leave’ and 100 days half pay leave due to him.
(3) A Government servant who has given three month’ notice of voluntary
retirement from service after completion of 20 years’ qualifying service applies
for the grant of 140 days earned leave and 90 days half pay leave due to him.
(4) A Government servant due for retirement on 31-12-2003 A/N on
attaining the age of superannuation applies for the grant of ‘earned leave’ for
275 days from 1-4-2003, as leave preparatory to retirement.
(5) A Group ‘B’ Government servant due to retire on superannuation on
31-12-, applied for commuted leave for 20 days from 1-11- and visited a holy
place availing Leave Travel Concession. The leave sanctioning authority
sanctioned him earned leave on the ground that the Government servant had
availed Leave Travel Concession.
(6) A Group ‘A’ Government servant who retired on superannuation on 31-
1-2003, applied on 15-2-2003 to the Competent Authority for commutation of
earned leave for 30 days availed of by him in June, 1997 into half pay leave
so that he could get the lumpsum cash payment for the earned leave. The
request was granted.
(7) Earned leave was sanctioned to an Upper Division Clerk while the
orders of competent Disciplinary Authority to retire him compulsorily are under
issue.
(8) An officer on leave preparatory to retirement reports back to duty before
expiry of leave preparatory to retirement.
(8) An officer on leave preparatory to retirement reports back to duty
before expiry of leave preparatory to retirement.
(9) Overstayal of leave regularized as Extraordinary Leave has been
allowed to count for increment.

Ans. (1) The leave may be granted and allowed to run concurrently with the
period of notice. In this case, the Government servant cannot avail more than
90 days of leave concurrently during the period of notice inasmuch as the
period of notice in itself is 3 months. In respect of the balance of leave at his
credit on the date of his actual retirement, the authority competent to sanction
leave should suo motu issue sanction for the payment of cash equivalent of
leave salary in respect of both leave and half pay leave. The period for which
the cash equivalent of leave salary is payable should not exceed beyond the
period between the date of actual retirement and the date on which the
Government servant would retire on attaining the age of superannuation.
However, cash equivalent of leave salary for earned leave up to a maximum
of 300 days may be granted even though the period for which cash equivalent
of leave salary for EL is granted, exceeds the period between the date of
actual retirement and the date of retirement on superannuation . Further
pension, pension equivalent of Retirement Gratuity and relief on pension
should be deducted from the cash equivalent of leave salary payable in
respect of half pay leave portion. The cash equivalent of leave salary shall be
paid in one lump.

SAT 174
 [ Rule 39 (5).]

(2) The leave applied for cannot be granted beyond the date of retirement.
However, the authority competent to grant leave shall suo motu issue
sanction for the payment of cash equivalent of leave salary in respect of 130
days’ earned leave and also in respect of 100 days half pay leave in terms of
Rule 39 (5) of CCS (Leave) Rules.

(3) Same answer as for Item (1)

(4) ‘Earned leave’ taken as leave preparatory to retirement can be availed

of subject to a maximum of 300 days. As such , the Government servant may
be granted 275 days’ earned leave as leave preparatory to retirement.
[ Rule 38]

(5) The authority competent to grant leave to a Government servant has

the power to refuse the leave when the exigencies of public service so
require; but it shall not be open to him to alter the kind of leave due and
applied for by the Government servant. Further, Leave Travel Concession
may be availed during regular leave (including medical leave) and casual
leave. The action of the leave sanctioning authority is not in order.

[ Rule 7, of CCS (Leave) Rules and Rule 7(2) CCS(LTC) Rules]

(6) At the request of a Government servant, the authority which granted him
leave may commute it retrospectively into leave of a different kind which was
due and admissible to him at the time the leave was granted. In this case, the

Government servant has applied for commutation of leave after retirement

when no longer he is a Government servant. As such the action of the
Competent Authority is not in order.
[ Rule 10 of CCS (leave) Rules ]

(7) No leave should be granted to a Government servant whom a

competent punishing authority has decided to dismiss, remove or
compulsorily retire from Government service. The grant of EL to the UDC in
this case is, therefore, not in order.
[Rule 17]

(8) A Government servant on leave preparatory to retirement is precluded

from returning to duty except with the consent of the authority competent to
appoint him to the post from which he proceeded on LPR. The Officer,
therefore, cannot resume duty except with the consent of the said authority.
[ Rule 24 (2) ]

(9) A period of overstayal of leave commuted into Extraordinary Leave

cannot be allowed to count for increment unless the proviso to FR to FR 26
(b), the Extraordinary Leave is specially allowed to count for increment.
[AI below Rule 25]

SAT 175
69. A Government servant on foreign service in a Public Sector
Organization was absorbed in the organization permanently and the
absorption is declared by the Government as in public interest. What
would happen to the leave at the credit of the Government servant ?

Ans : On absorption in the Public Sector Organization, the Government

servant shall become entitled for the grant of cash equivalent of leave salary
in respect of earned leave at his credit on the date of absorption subject to a
maximum for 300 days. The cash equivalent will consist of leave salary and
appropriate Dearness Allowance admissible for he leave salary and will be
paid is one lumpsum. The half pay leave standing to his credit will stand
forfeited.
[Rule 39-D]

70. What provisions exist in the CCS (Leave) Rules regarding the
benefit of encashment of leave in respect of re-employed pensioners ?

Ans : 1. A Government servant who is re-employed after retirement may,

on termination of his re-employment, be granted, suo motu by the authority
competent to grant leave, cash equivalent in respect of earned leave at his
credit on the date of termination of re-employment subject to a maximum of
300 days, including the period for which encashment was allowed at the time
of retirement.

2. Where the services of a Government servant has been extended, in

the interest of public service, beyond the date of his retirement on
superannuation, he may be granted :-
(i) during the period of extension, any earned leave due in respect
of the period of such extension plus the earned leave which was at his credit
on the date of his retirement on superannuation subject to a maximum of 180
days;
(ii) after expiry of the period of extension, cash equivalent of leave
salary in respect of earned leave at his credit on the date of retirement on
superannuation, plus, the earned leave earned during the period of extension,
reduced by the earned leave availed of during such period subject to a
maximum of 300 days shall be paid to him in one lump.
[Rule 39(4) and (6) (a)(ii)]

71. Write short notes on the following :-

(1) Seamen’s sick leave
(2) Study leave.
(3) Hospital leave
(4) Maternity leave
(5) Paternity leave.

SAT 176
Ans: (1) Seamen’s sick leave may be granted to a Government servant
serving as an officer, warrant officer or petty officer on a Government vessel
while undergoing medical treatment for sickness or injury, either on his vessel
or in hospital on leave salary equal to full pay for a period not exceeding six
weeks.

A seaman disabled in the exercise of his duty may be granted leave on

leave salary equal to full pay for a maximum period not exceeding 3 months, if
the following conditions are fulfilled :-

(a) A Government Medical Officer must certify the disability;

(b) the disability must not be due to the seaman’s own carelessness or
inexperience;
(c) the vacancy caused by his absence must not be filled.
[ Rule 47]

(2) Study Leave – See answer to Q 60 in this lesson.

(3) Hospital leave – See answer to Q 58 in this lesson.
(4) Maternity leave – See answer to Q. 52 in this lesson.
(5) Paternity leave – See answer to Q 52 in this lesson.

72. Comment on the following :-

(a) A Government servant proceeding on leave for 40 days applied for

advance of Leave Salary. It is proposed to grant him the leave salary
advance equal to his basic pay and that too after deducting income tax
only.
(b) A Government servant who is on leave on the last day of particular
half-year requests that he may be allowed to avail of the advance credit
of earned leave becoming due to him don the first of the succeeding
half-year , without his having to return to duty.
(c) An officer applied for earned leave for 10 days which was admissible.
As the sanctioning authority wanted to punish him for his frequent
absence, Extraordinary Leave for 10 days was sanctioned to him.
(d) An official was granted Earned Leave for 20 days from 1st October to
20th October. He obtained Medical Certificate of fitness to resume duty
on 21st October and reported for duty on 24th October, after availing the
holidays from 21st to 23rd October. His request to allow him to suffix the
holidays to leave was rejected on the ground that he did not make the
request in advance.
(e) An Auditor of AG’s Office was granted commuted leave on Medical
Certificate from 1st January to 30th April. On 1-3- , he gave notice of his
intension to retire voluntarily under Rule 48-A, CCS (Pension) Rules
and request to allow him to retire on expiry of leave curtailing the notice
period.
(f) A Postmaster applies for Half Pay leave for 20 days but he is granted
earned leave as he has 146 days of Earned leave at his credit on that
date.
(g) A Government servant due to retire on superannuation on 28-2-2001,
proceeded on commuted leave on MC from 15-1-2001, for a period of

SAT 177
 35 days. He was, however, unable to obtain a certificate of fitness on
expiry of this period of leave. He wants extension of leave up to 28-2-
2001.

Ans : (a) The Government servant may be granted an advance in lieu of

leave salary up to a month’s pay and allowances admissible on that leave
salary subject to deductions on account of Income Tax, Provided Fund,
House Rent, Recovery of Advances, etc. The proposal is , therefore, not in
order.
[Rule 42]

(b) If the authority competent to grant leave to the Government

servant is satisfied that the Government servant will return to duty on its
expiry, the request of the official can be allowed.
[GIO (1) below Rule 26]

(c) The authority competent to grant leave to a Government servant

has the power to refuse to grant leave when the exigencies of public service
so require; but that authority has no power to alter the kind of leave due and
applied for except at the written request of the Government servant. The
proposal is, therefore, not in order.
[Rule 7]

(d) When a Government servant is certified medically fit for joining

duty, holiday(s), if any, succeeding the day he is so certified (including that
day) shall automatically be allowed to be suffixed to the leave –vide Rule
22(1) (ii) (b) of CCS (Leave) Rules, 1972. Hence the action of rejoining the
request of the official is not in order.

(e) The commuted leave granted to the official from 1st January to
th
30 April, shall be treated as half pay leave and the difference between the
leave salary in respect of commuted leave and half pay leave shall be
recovered from the Government servant.
[Rule 30(2)]

(f) Though the authority competent to grant leave to a Government

servant has the right to refuse to grant leave of any kind when the exigencies
of public service so require, he has no power to alter the kind of the leave due
and applied for except at the written request of the Government servant. The
grant of EL in this case is not in order.
[Rule 7]
(g) The commuted leave of 35 days already granted to the
Government servant should be cancelled and at the request of the
Government servant treated as ‘earned leave’ or ‘half pay leave’ due and
admissible to him. He may be granted EL or HPL which may be due to him for
the period beyond 35 days and up to 28-2-2003
[Rules 30, 38 and 7]

SAT 178
 Travelling allowance
1. State the different kinds of Travelling Allowances which may be
drawn in different circumstances y Government servants.

Ans:- The following are the different kinds of Travelling Allowance which may
be drawn in different circumstances by the Government Servant:-

(i) Permanent Travelling Allowance.

(ii) Conveyance or Hors Allowance.
(iii) Mileage Allowance
(iv) Daily Allowance
(v) Actual cost of Travelling
[SR 21]
2. Distinguish between Permanent Travelling allowance and
Conveyance Allowance.

Ans:- Permanent Travelling Allowance is granted to a Government servant

whose duties require him to travel extensively and is intended to cover the
cost of all journeys within his sphere of duty. It is drawn all the year round
whether he is absent from his headquarters or not. for journeys beyond his
sphere of duty, he may draw mileage allowance for the entire journey
including such part of it as is within his sphere of duty and to addition may
draw permanent travelling allowance for any day of his absence for which he
does not draw mileage allowance. It may not be drawn during leave,
temporary transfer or joining time.

Conveyance Allowance is granted to Government servant who is

require to travel extensively at or within a short distance from his head
quarters (i.e., within a radius of 8 km from the duty point at his headquarters)
and whose average monthly running on duty is more than 200 km. it is not
forfeited during his absence from headquarters and may be drawn in addition
to any other Travelling Allowance. It is not admissible during joining time,
leave, holidays prefixed/suffixed to leave and any period of temporary
transfer. It is also not admissible during the period when the Government
servant is away from his headquarters on tour, temporary duty etc., for a
period of 15 days or more. The conveyance allowance granted at higher rate
on the condition that the Government servant owns and maintain a motor car
will not be admissible for any period of more tan 15 days at a time during
which the motor car maintained by him is not used for official journeys.

3. What is meant by Permanent Travelling Allowance? What are the

conditions attached to its admissibility? How is it different from
conveyance allowance?

SAT 179
Ans:- See answer to Question 2.

4. Conveyance allowance was granted to an official with effect from

1-11-2002, for a period of 2 years. On 1-1-2003, the official was
transferred to a post in the administrative branch not required to
travel. However, the conveyance allowance was continued to be
paid to the official. Discuss the admissibility of Conveyance
allowance from 1-1-2003.

Ans:- the conveyance allowance is determined for specific posts on the

basis of ‘controlled travelling’ by the sanctioning Authority and the officers
appointed to these posts will draw the same. if the post in the
administrative branch to which the official is transferred is not entitled to
conveyance allowance, the drawal from 1-1-2003 is not in order.
[GOI (1) below SR 17]

5. What provisions govern the “pay ranges” for purposes of

Travelling Allowance of re-employed pensioners and re-employed
Government servants who retired with Contributory Provident
Fund Benefits?

Ans:- The pay range is determined as follows:-

1) When pension is held wholly in abeyance, the grade depends on the
basic pay actually received in the re-employed post from time to
time.
2) When pay in the re-employed post is drawn in addition to pension
the grade is decided by the total of basic pay and pension. if such
total exceeds the maximum of the time scale such excess is ignored
and the grade is determined by the maximum of the time scale. The
amount of pension to be taken into account will be the amount
originally sanctioned i.e., before commutation, if, any, less the
amount of pension which has been ignored while fixing the pay of
the Government servant in the re-employed post.
[GOI (6) below SR 17]

3) In the case of Government servant who retired with Contributory

Provident Fund benefits the grade is based on the total of re-
employed basic pay plus the pension equivalent of the Government
contribution together with interest thereon included to their total
retirement benefit. if such total exceeds the pay of the post if it is on
a fixed rate of pay or the maximum pay of the post if it is on a time
scale of pay, such excess shall be ignored
[GOI (7) below SR 17]

SAT 180
6. What is the point in any station at which a journey is held to
commence or end in the case of a journey on tour and a journey
on transfer?

Ans :- 1. Tour:- A journey on tour begins or ends at the duty point or

residence at Headquarters and at duty point in the visiting station concerned.
Where two or more duty points are visited by a Government servant at an
outstation, the point which is the farthest from the rail station, harbor, airport,
etc., will be the duty point. If the station is reached by road, the point which is
the farthest from the point where the journey to that station commenced shall
be taken as the duty point at that station. When a journey commences or ends
at a station which is neither the Government servant’s headquarters nor his
place of duty, it is treated to have commenced /ended at his residence.

2. Transfer:- A journey on transfer begins or ends at the actual residence

of the Government servant.
[SR 12.]

7. Define ‘Mileage Allowance ‘ and state the general principles

governing its regulation.

Ans:- Definition:- Mileage Allowance is that form of a Travelling Allowance

which is calculated on the distance travelled and which is given to meet cost
of the particular journey.
[SR 32]
1. Principles of calculation:- Mileage allowance is calculate don basis of
the shortest practicable route; if there are two or more equally short
routes, by the cheapest of such routes. When there are alternative
railways routes without much difference in time and cost, mileage may
be calculated on the route actually used, even though it is slightly
more.

2. For a journey by Rail/Air/ Bus, the Mileage Allowance will be the actual
fare for Rail/Air/Bus . For journey by taxi, own car/Scooter, the Mileage
allowance will be at the rates notified by the concerned Director of
Transport of Taxi/ auto rickshaw.

3. if a government servant travels by a route which is not the shortest but

is cheaper than the shortest, his Mileage Allowance should be
calculated on the route, actually used.

4. A Competent Authority may permit mileage allowance by any route

actually used, provided reasons are recorded.

5. when road mileage is claimed for a journey performed by motor car

between places connected by rail, competent authority should decided

SAT 181
 if full rate of road mileage should be paid , or if it should be limited to
the amount admissible by rail.
[GOI (1) below SR 31]

6. Travelling Allowance by the longer route is not admissible in cased

where the journey could not be performed by the shortest route
because of non-availability of reserved accommodation of the entitled
class by that route.
[GOI (2) below SR 31]

7. When the train service between two stations is interrupted by floods,

strike, etc., the stations should be regarded for the time being an not
connected by rail and full road mileage may be drawn in all cases
without any restriction.
[DG. P&T’s Order (3) below SR 31]

8. How would you regulate the road mileage of a Government

servant who performs a journey on tour by road between places
connected by rail?

Ans:- The road mileage will be regulated as follows:-

1) when the journey is performed by taking a single seat in a public bus (
whether ordinary, de luxe , super de luxe or air conditioned bus)-

(a) the actual fare paid for a seat in the public bus , or
(b) the tail fare by the entitled class, whichever is less.
2) when the journey is performed otherwise , higher rates of road mileage
applicable for full taxi own car, scooter, motor cycle etc., limited to the
rail fare for the highest entitled class of accommodation available in
the route.

A Competent Authority may relax the above limitations and allow full road
mileage if the road journey is performed in the public interest.
[Notes 8 and 9 below GOI (1) , SR 46]

9. When is a Government servant considered to be on tour?

Ans:- A Government servant is on tour when absent on duty from his
headquarters either within or, with proper sanction, beyond his sphere of duty.
[SR 61]

SAT 182
10. How will you regulate the T.A. of a government servant who is
required on any day to perform temporary duty at a place other
than the normal place of duty?

Ans:- (1). Travelling Allowance for a local journey will be admissible if the
temporary place of duty is beyond 8 km from the normal place of duty
irrespective of whether the journey is performed from office or the residence
of the Government servant.

(2) Local journeys should be performed in the same way as the

Government servant performs the journey to his duty point, i.e., by bus, local
train or his own conveyance.

(3) Prior permission of a superior authority should be obtained for

journey by Taxi, scooter or other special conveyance.

(4) Daily allowance will be admissible in addition to mileage allowance

for the period of absence at half the normal rates prescribed for ordinary
localities irrespective of whether the headquarters station is located in
ordinary or expensive locality.

(5) no daily allowance is admissible beyond 180 days.

(6) Journey within the limits of an Urban Agglomeration in which the
Government servant’s headquarters are located will also be treated as local
journeys.

(7) Bus/Rail fare or mileage allowance should be regulated with

reference to the actual distance travelled or the distance between normal duty
point and temporary duty point, whichever is less.

(8) No road mileage is admissible for the local journeys performed at

tour station.
(9) The Government servant has the option either to claim
reimbursement of conveyance hire charge or to claim Travelling Allowance for
local journeys beyond 8 km from the normal place of duty.

11. Can Daily Allowance be drawn on a holiday occurring during a

tour?

Ans:- Yes Daily Allowance may be drawn on a holiday, if the Government

servant is actually and not merely constructively in camp. For drawing D.A. for
that holiday, he should remain at the camping station at least for part of that
day.

SAT 183
 [GOI (6) below SR 72]

12. How will you regulate the tour T.A. of a Group ‘A’ Officer who
travels by road in his car between places connected by rail?

ANS:- When an officer travels by road in his own car between place
connected by rail, his tour TA is limited to what would have been admissible,
had the officer travelled by rail in the highest entitled class of accommodation
available in tat route. If, however, any public interest was served by such
journey, such as inspections en route, etc., a Competent Authority may allow
mileage allowance by road. Daiy Allowance for the period of absence from
headquarters will be admissible in addition.
[GOI (1) SR 31 and GOI (1) below SR 46]

13. What is the entitlement to rail accommodation of Government

servant on tour and transfer?

Ans:-
For Journey by
Pay Range Shatabdi Rajdhani Other trains
Express Express
Rs. 16,400 and Executive class AC first class AC first class
above
Rs. 8,000 to Rs. AC chair Car AC 2-Tier AC 2- Tier
16,339 sleeper Sleeper
Rs. 6,500 to Rs. -do- AC 3- Tier *First Class/AC 3
7,999 Tier Sleeper AC
chair car
Rs. 4,100 to Rs. -do- -do- *-do-
6,499
Below Rs. 4,100 -do- -do- Sleeper Class

*Government servant entitled to travel by First Class /AC 3 –

Tier/AC Chair Car may at their discretion travel by AC 2- Tier
sleeper in case where any of the train connecting the originating
and destination stations by the direct shortest route do not
provided thee three classes of accommodation.
[GOI (1) below SR 34]

14. Define ‘Daily Allowance’. What are the conditions to be satisfied

for drawal of Daily Allowance?
What is “Daily Allowance”? When may it be drawn and what are
limitation to its payment?

SAT 184
 Ans:- “Daily Allowance” is a uniform allowance for ach day of absence
from headquarters on duty at a place beyond a radius of 8 km and is
intended to cover the ordinary daily charges incurred by a Government
servant in consequence of such absence and is not drawn except while on
tour.

Daily Allowance is drawn during absence from headquarters on duty at a

place beyond a radius of 8 km , when permanent T.A. is not drawn by a
Government servant . Absence from headquarters includes the time spent
in journeys.
[SR 67 and 70]
The following are the limitation to its payment:-
1) DA may not be drawn for any day on which a Government servant
does not reach a point outside a radius of 8 km from the duty point (i.e.,
the place /office of employment) at his headquarters or return to it for a
similar point.

2) DA is not admissible for any period of casual leave or restricted holiday

availed while on tour.

3) DA is not admissible for Sunday or holiday, unless Government servant

is actually and not merely constructively in camp.
[GOI (6) below SR 72]

4) DA may not be drawn for a continuous halt of more than 180 days at
one and the same station.
[GOI (6) below SR 73]

15. From what point of time will the entire absence from headquarters
be counted for the purpose of regulating Daily Allowance?
OR
What are the general principles governing the reckoning of Daily
Allowance under various circumstances?
Ans:- 1. In the case of journeys by rail, the absence from headquarters
will be reckoned with reference to the scheduled departure/arrival time of the
train from/ at the Railway Station. However, where the train is late by more
than 15 minutes, actual arrival time will be taken into account.

2. In the case of journeys by bus, the absence will be reckoned

with reference to the actual departure/ arrival time from /at the Bus Stand.

3. In the case of journeys by air, the absence from Headquarters

will reckoned with reference to the scheduled reporting /arrival time from /at
the airport. However, where the plane is late by more than 15 minutes actual
arrival time will be taken into account.
[GOI (1) below SR 71]

SAT 185
16. How are enforced halts occurring en route on journey on tour treated
for the purpose of Daily Allowance ?

Ans. The period of enforced halts occurring en route on journeys on

tour will be treated as duty under FR 9 (6)(b) and will be included in the
entire absence from headquarters for purpose of grant of Daily
Allowance. The daily allowance will, however, be admissible at the rate
prescribed for ordinary localities for the entire period spent in journey
including the period of enforced halt.
[GOI (7) below SR 51]

17. (a) How is the traveling Allowance regulated in cases of transfers

for short periods not exceeding 180 days?
(b) What would be the procedure involved in a case in which the
temporary transfer extends beyond 6 months?

Ans. (a) In all cases of transfer of short periods not exceeding 180 days the
journeys from headquarters to the station of deputation and back are treated
as on tour. Daily Allowance for the days of halts at that station will be
admissible at full rates for 180 days. Not daily allowance will be admissible for
halts at the station from which the Government servant is transferred in case
he went on tour to that station.
[GOI (2) below SR 114]

(b) If the temporary transfer extends beyond 180 days, the Travelling
Allowance already drawn will be adjusted in the transfer Travelling allowance
claim but the Daily allowance admissible up to the date of issue of orders
extending the transfer, will not be so adjusted.
[GOI (2) below SR 114]

18. Explain what is meant by “Mileage Allowance” and “Daily

Allowance”.
Ans:- 1. “Mileage allowance” is that form of travelling allowance which is
calculated on the distance travelled and which is given to meet the cost of the
particular Journey.
2. “Daily Allowance” is a uniform allowance for each day of
absence from headquarters on duty at a place beyond a radius of 8 km from
the duty point which is intended to cover the ordinary daily charges incurred
by a Government servant in consequence of such absence and is not drawn
except while on tour.
3. The periods of absence from headquarters may include the
period of journeys as well as halts and a Government servant may draw Daily
Allowance for the periods of journeys in addition to Mileage Allowance.

19. How is the T.A. to a Government servant under suspension, who

is required to perform journey to attend a departmental enquiry
regulated?

SAT 186
Ans:- A Government servant under suspension who is required in perform a
journey to attend a departmental enquiry may be allowed TA as for a journey
on tour from his headquarters to the place where the departmental enquiry is
held or form the place at which he has been permitted to reside during
suspension to the place of enquiry, whichever is less . No TA will, however,
be admissible if the enquiry is held at an outstation at his own request.

His TA will be regulated by the “pay range” to which he belonged prior

to his suspension.

20. Examine whether any TA is admissible in the following cases and

, if admissible, indicate how it will be regulated:-
(a) A Government servant when he is recalled to duty before the
expiry of the period of leave granted to him.
(b) A government servant goes on temporary transfer (for days form
Station’s’ to Station ‘B’.
Ans:- (a) when a Government servant is recalled to duty before the expiry
of his leave and the leave is thereby curtailed by not less than one month, he
is entitled to draw Mileage Allowance (i.e., tour TA) for the journey from the
place at which the order of recall reaches him or if the journey involves
travelling by sea from the port at which he lands in India to the station to
which he is recalled. if the period by which the leave is curtailed is less than a
month travelling allowance may be allowed at the discretion of the authority
recalling the Government servant.

(b) In all cases of transfers for short periods not exceeding 180 days,
the journeys from the headquarters to the station of deputation and back will
be treated as on tour for purpose of regulating Travelling Allowance, Daily
Allowance at full rate being paid for the absence from headquarters upto 180
days.
If on any day he proceeds o tour from station’s’ to some other station,
he may draw DA at full rate for the day. No daily allowance will be admissible
for halts at Station ‘A’ from where he proceeded on temporary transfer to
Station ‘B” in case he went on tour to that station.

21. What TA is admissible to a Government servant who is

compulsorily recalled from leave to duty?

Ans:- See answer (a) to Q. 20.

22. Mention three instances of journeys other than on tour or transfer
for which TA is admissible and indicate generally how the
admissible TA varies in this case from that admissible for
journeys on tour.

SAT 187
Ans:- The following are three instances of journeys, other than journeys on
tour or transfer, for which TA is admissible:-

(i) Journey to attend an examination:- TA is admissible to a Government

servant for the journey to and form the examination center in respect of
departmental examinations. The TA is calculated for journey on tour
but without halting allowances.
(ii) Journey to give evidence:- A Government servant who is summoned to
give evidence in a criminal case in his official capacity as a
Government servant may draw tour T.A. he should attach to his claim a
certificate from the Court. When he draws such TA. He should not
accept any payment from the Court and if any fees have been
deposited in the Court towards his TA sand subsistence allowance,
that amount should be credited to Government.
(iii) Journey to obtain medical certificate:- if a Government servant is
compelled to leave a station at which he is posted and at which there is
no Medical officer of the Government and t travel to another station to
obtain a medical certificate (including a second medical opinion if any)
from a Government Medical Officer, he is entitled to TA as on tour.
Payment of DA at the outstation for halt will be restricted to two days
only.

23. For appearing in what kinds of examination is TA allowed? Can

this be disallowed, if so on what consideration?

Ans:- Travelling Allowance as on tour but without any halting allowance (i.e.,
DA) is admissible for appearing in departmental examinations which are
obligatory or voluntary. in the case of obligatory examinations, TA will be
admissible only for maximum of two appearances, the appearance in which
he secures not less than 25 per cent of the aggregate marks and the
appearance at which he passes the examination. In the case of voluntary
examination TTA will be admissible only to successful candidates.
A competent authority may disallow TA to any candidate appearing for
an obligatory examination who has secured less than 25 per cent of the
aggregate marks.

24. (a) What Travelling Allowance is admissible to a Government

servant who is transferred from one station to another in the
interests of service?
(b) Under what circumstances a Government servant is entitled
claim additional fare for both onward and return journeys in
addition to normal bill transfer TA?

Ans:- (a) Travelling allowance is admissible to the Government servant and

his family for journey on transfer form his old headquarters to the new
headquarters and also in respect of the transportation of his personal effect
between the dame places as detailed below:-

(a) A lump sum composite transfer grant appropriate to his pay;

SAT 188
 (b) actual fare for the Government servant and members of the family for
journey by rail/steamer / air by the entitled class;
(c) Road mileage for journey by road at the following scale at the
appropriate rates:

For self -- -- One road mileage

For one additional member of the Nil
family -- --
For two additional members of the
family -- -- One additional mileage
For more than two additional
members of the family -- Two additional mileages

(d) for Journey by bus, actual bus fare for self and each member of the
family will be admissible
(e) Cost of transportation of personal effects on the scale admissible.
(f) Actual cost of transporting his conveyance.
(g) Cost of transportation of personal effects on the scale admissible
(h) Actual cost of transporting his conveyance.
(i) Cost of transportation of personal effect between RS and residence at
both ends that the appropriate rates.

The member of the family can travel –

(i) from old headquarters t new head quarters ; or

(ii) from old headquarters to a place other than the new headquarters;
or
(iii) From a place other than the old headquarters to the new
headquarters.

In all such cases, the claim for TA will be limited t what would have been
admissible had they travelled form old to new headquarters.

(b) A Government servant will be entitled to an additional fare by the

entitled class of accommodation for both onward and return journeys, in
addition to the normal transfer Travelling allowance entitlement, if he has to
leave his family being because of non- availability of Government residential
accommodation at the new place of posting.

25. How will you regulate the road mileage of an officer who performs
a transfer journey by road between places connected by rail in a
public bus?

Ans:- when a journey on transfer is performed by a Government servant and

/or members of his family by road between places connected by rail, in a
public bus, he will be entitled to the actual fares by the public bus, for himself
and each member of the family limited to rail fares for the highest entitled
cases of accommodation available in the route

SAT 189
26. In whose case travel by air is permissible on tour or on transfer?

Ans: - (i) Officers who are in receipt of pay of Rs. 16,400 and above may
travel by air on tour or on transfer at their discretion. Officers drawing pay
between Rs. 12, 300 and Rs. 16,400 may also travel by air at their discretion,
if the distance involved is more than 500 km and the journey cannot be
performed overnight by a direct train service/ direct slip coach service.

(ii).whenever the competent Authority certifies that air travel is urgent

and necessary in the public interest, any Government servant may travel by
air.
(iii).The president may grant general permission to any Government
servant or class of servant to travel by air as a matter of routine in connection
with specified journey or journeys.

27. What travelling allowance is admissible to a Government servant

travelling by air on transfer between places connected by (1)
rail/steamer and (2) road only?

Ans:- Between places connected by rail – Usual composite transfer grant

plus-

(i) if he authorized to travel by air – actual air fares for self and
family
(ii) if he is not authorized to travel by air – fares actually paid limited
to rail fares admissible for entitled class of accommodation.

Between places connected by road only:- usual composite transfer

grant plus –
(i) if he is authorized to travel by air – actual air fares for self and
family;
(ii) if he is not authorized to travel by air – air fare actually paid for
self and family or the admissible road mileage if the journey had
been made by road, whichever is less.
In all cases for carriage of personal effects and /or conveyance, the
Government servant will drawn TA by rail or road as usual.

28. What is the entitlement of accommodation by air within India

when
there are more than one class of accommodation available?

Ans:- ‘Executive Class’ and ‘Standard Class’ are the two classes of
accommodation available in air service. Ministers of Government of India
Members of Parliament and officer of the rank of Additional Secretary to
Government and above may travel by the ‘Standard Class’.

29. Define the term ‘family’ used with reference to Travelling

allowance Rules.

SAT 190
Ans. Family means a Government servant’s wife or husband, as the case may
be, residing with the Government servant, parents, stepmother, unmarried
sisters, minor brothers and children residing with and wholly dependent upon
the Government servant.
Widowed sisters residing and wholly dependent upon the Government
servant are also treated as members of the family”, if their father is either not
alive or is himself wholly dependent on the Government servant.
From 1-1-1999 the TA will be restricted to two children. This restriction
will not apply to children born up to 31-12-1998. further employees who have
one/ no child and subsequent pregnancy results I multiple births consequence
of which the number exceeds two will also be not affected by this restriction.
NOTE:- (i). Only one wife is included in the term ‘family’ for the purpose
of TA rules.
(ii).An adoption child shall be considered to be a legitimate child, if
under the personal law of the Government servant, adoption is legally
recognized as conferring on it the status of a natural child.
(iii). Major sons and married daughters (including widowed daughter )
are included in the term ‘family’ so long as they are residing with an wholly
dependent upon the Government servant.
(iv). A legitimate child or stepchild/parent/sister/minor brother who
resides with the Government savant and whose income from all sources
including pension(inclusive of pension equivalent of Retirement Gratuity) does
not exceed Rs. 1,500 pm may be deemed to be ‘wholly’ dependent upon the
Government servant.
(v). children studying in educational institutions who are not actually
residing with a Government servant at the time of transfer but who later come
to spend the vacation with him may be considered as members of his family
for the above purpose. Their TA may be drawn subject to the fulfillment of
other conditions for the grant of TA
[GOI (6) below SR 116]
30. Is an officer entitled to claim travelling allowance for a member of
his family who does not actually accompany him in his journey on
transfer? if so, how is it regulated?

Ans:- (1) TA for the family is admissible when it follows the Government
servant within six months from the date of his transfer or precedes him by not
earlier than one month. These limits may be relaxed in individual cases by
competent authority.
(2). The period of one month or six months will be reckoned as
follows:-
(i) When the family goes to a place other that the new
headquarters, the period will be reckoned from the date of the
Government servant’s handling over charge at old station.
(ii) When the family joins him at the new headquarters, the perod
will be counted form the date for his taking over charge at the
new station.
(3) The claim for the journey made by the family either from the old
headquarters to a third station or from a third station to the new
headquarters is restricted to the mileage from the old to the new
headquarters.

SAT 191
 (4) The grade of the family is the same as that of the Government
servant on the date of the transfer. But the number of fares will be that
admissible at the time the journey is actually made by the family
subject to the condition that no TA will be admissible in respect of a
member added to the family after the date of transfer.

31. If an officer and his wife who is also a Government servant are
both transferred at the same time from the same station to the
same new station, who will their TA be regulated?

Ans:- In cases where both husband and wife are in the Central Government ‘s
employment and are transferred at the same time or within six months of his
/her transfer Travelling allowance will be not admissible to both of them as
independent Government servant. either of them may claim transfer travelling
allowance, the other being treated as a member of his/her family not in the
Central Government’s employment, on furnishing the following certificate:-
“ certified that may wife /husband who is employed under the central
Government and who has been transferred from …………….. to
………………. within six months of my transfer has not already claimed any
transfer TA in consequence of her /his transfer.”

32. how is the Travelling allowance regulated in cases of transfers –

(i) within the same station
(ii) within a relatively short distance from the old headquarters

Ans:- (i) For transfer within the same station, id there is compulsory change of
residence, as a result of transfer, the actual cost of conveyance for self a
members of family limited to the road mileage admissible under SR 116 (a) II
(i) and (ii) and the actual cost of transportation of personal effects limited to
the amount admissible under SR 116 (a) ii(iii) will be admissible in addition to
composite transfer grant equivalent to one third of his basic pay.
(ii). if the distance between the two stations does not exceed 20
kilometers, full transfer TA will be admissible if there is a change of residence
as a result of transfer. However lump sum transfer grant will be limited to one
third of basic pay.

33. How will TA be regulated in the following part of a tour:-

(a) from office to airport by staff car

(b) Journey by air
(c) from airport to place of duty by taxi
(d) Return to airport by friend’s car.

Ans:- The Travelling Allowance will be regulated a sunder –

(a) no mileage allowance, vide GOI (1) Sr. 182

(b) If the officer is authorized to travel by air – standard air fare plus DA for
the entire period of absence from headquarters.
if the officer is not authorized to travel by air – The TA which would
have been admissible had the journey been performed by rail, sea or

SAT 192
 road, as the case may be, or the TA by air under SR 48-C, whichever
is less.
(c) One road mileage at the admissible rate.

34. What TA is admissible for transportation of personal effects and

car by rail in the case of transfer of an officer? The officer claims
in respect of the car, packing, loading and unloading charges and
cost of ropes. Are these admissible?

Ans:- The following TA is admissible:-

(a) personal effects:

(i) Road mileage according to the prescribed rate between
residence and Railway station at the both ends
(ii) actual freight charge paid to the Railway for transporting of
personal effects limited to what would have been, had the
maximum permissible quantity been transported by good train.
(b) Car :- Actual freight charges paid for transporting the car if it is
transported by passenger train. if however, the car has been
transported by goods train, the cost of packing and of transporting the
packed car to and from the goods shed at the station of departure and
arrival is admissible in addition to the actual freight charges and the
total amount limited to the freight charge for transporting the car by
passenger train.

35. (a) How will you regulate the claim of a Government servant for
transporting his personal effects on transfer by road between
places connected by rail?
(b) A Government servant drawing the payoff Rs. 9,000 pm transports
his personal effects by ‘container service’. How will the claim be
regulated?

Ans:- (a) A Government servant carrying goods by road between place

connected by rail can drawn actual expenditure on transportation of personal
effects by road or 11/4 times of the amount admissible on transportation of
maximum admissible quantity by goods train, whichever is less.
[Item III (b) GOI (1) below SR 116]
(b) The reimbursement of the claim in respect of the charge paid for
transporting personal effects by ‘ container service’ ( one single container) is
admissible in full.
[Item III (a) GOI (1) below SR 116]

36. A Government servant transports his personal effects by

passenger train instead of by goods train. Indicted the maximum
amount which is admissible to him for the transport of his
personal effects.

Ans:- A Government servant, who carries his personal effects by passenger,

instead of by goods train, may draw the actual cost carriage upto the limit of

SAT 193
the amount to which he is entitled if he takes the maximum permissible
quantity by goods train.
[Note 1 below SR 116 (a) I (iii)]

37. A Government servant on transfer form one station to another,

transports his personal effects partly by goods train and partly by
passenger train. How will you regulate his travelling Allowance?

Ans :- In such cases, the actual charge paid for transporting the personal
effects by passenger and goods train limited to the amount which would be
admissible if he had transported the maximum number of kilograms by goods
train will be allowed to him.

38. what TA is admissible for transportation of motor car or motor

cycle/scooter by road in the case of transfer of an officer in the
following case? The places are connected by rail.
(a) when the conveyance is sent under its own propulsion
(b) when the conveyance is sent loaded on a truck

Ans (a):- when the conveyance is sent under its own propulsion-

Car:- the officer is entitled to claim at the rate notified by the concerned
Director of Transport of Taxi at the starting point limited to expenditure on
transportation by passenger train on rail.

Motor Cycle /Scooter:- At the rate notified by the concerned Director of

Transport for autorickshaw at the starting point limited to expenditure
transportation by passenger train on rail.

Where the conveyances sent under its own propulsion, the

Government servant will be entitled to separate fare by rail/ air or to separate
road mileage for himself, as the case may be, if he does not travel by that
conveyance. Appropriate Mileage allowance will be admissible for the
members of his family, if they travel otherwise than by the conveyance being
transported under its own propulsion.

(b) Transportation on a truck between places connected by rail -

Car – The officer is entitled to actual expenses limited to the amount

calculated at the rate notified by the concerned Director of Transport for Taxi
at the starting point or expenditure on transportation by passenger train on
rail, whichever is less.

Motor cycle /Scooter:- Actual expenditure limited to the amount

calculated at the rate notified by the concerned Director of Transport for
authorickshaw at the starting point or expenditure on transportation by
passenger train on rail, whichever is less.

SAT 194
39. What Ta is admissible to an officer on transfer for the
Transportation of motor car or motor cycle/Scooter by road
between places not connected by rail-

(1) when the conveyance is sent under its own propulsion, and
(2) when the conveyance is set loaded on a truck?

Ans. (1) When Sent under its own propulsion:- The officer is entitled to an
allowance at the rate prescribed by the concerned Director of Transport at the
starting point for Taxi in the case of motor car and for authorickshaw in the
case of motor cycle/scooter.
Where the conveyance is sent under its own propulsion, the
Government servant will be entitled to separate fare by rail/ air or to separate
road mileage for himself as the case may be; if he does not travel by that
conveyance. Appropriate mileage allowance will be admissible for the
member of his family, if they travel otherwise than by the conveyance being
transported under its own propulsion.
(2) When sent loaded on a truck – The officer is entitled to the actual
expenses limited to the amount calculated at the rate prescribed by the
concerned Director of Transport at the starting point for taxi in the case of
motor car and for autorickshaw in the case of motor cycle/scooter.

40. How is TA claims to be regulated where a group of Government

servants travel by a charactered bus sharing the hire charges?

Ans:- The TA is cases of chartering of buses may be regulated as follows:-

(i) Between places connected by rail- Actual share of the hire charges
limited to fare of the entitled class by rail
(ii) Between places not connected by rail – Actual share of the hire
charges limited to the fare of the regular buses playing on the route.

41. How is the travelling allowance of a Government servant

transferred from one post to another permitted to hand over
charge of the old post at a place other than the headquarters,
regulated?

Ans:- TA will be regulated as follows:-

(i) Tour TA from old headquarters to the place of handing over;
(ii) Tour TA from place of handing over to new headquarters
(iii) Composite transfer grant at the prescribed scale;
(iv) TA for family and personal effects from old to new headquarters
as usual.

42. What Travelling allowance is admissible to a government servant

whose headquarters are change while he is on tour and who
proceeds to his new headquarters without retuning to his old
headquarters?

SAT 195
Ans:- TA will be regulated as under-

(a) Tour TA from old headquarters to tour station and from tour station to
new headquarters.
(b) composite transfer grant at the prescribed scale
(c) TA for the members of the family and conveyance of personal effects
from the old headquarters to the new headquarters as admissible
under SR 116

43. In what circumstances does an officer transferred from one

station to another not get the full transfer TA?

Ans:- A Government servant transferred from one station to another does not
get the full transfer TA in the following circumstances:-

(1) When his family precedes him by more than one month or follows him
after the expiry of six months of the transfer, unless these periods are
extended by Competent Authority.
(2) When he takes leave exceeding six months, while in transit from one
post to another.
(3) When he is posted to a new station on return from leave, otherwise
than on medical grounds or study leave, exceeding six months.
(4) When he fails to prefer TA claim within one year from the date on
which it became due.
(5) When the transfer of a Government servant from one station to another
is made at his specific request and the transfer is not treated as for
public convenience, no TA is admissible either for himself or his family
members

44. A Government servant entitled to travel by First Class in rail on

transfer from Stations’’ to ‘B’ performed the journey by first class
from ‘A’ to ‘B’ and joined duty at Station ‘B’. Subsequently, he
performed the journey in first class from Station ‘A’ to ‘B’ along
with his family and claimed first class for self. Is this admissible?

Ans :- The Government servant is entitled to an additional fare by the entitled

class for both onward and return journeys in addition to the normal Transfer
Travelling Allowance entitlement, if he has to leave his family behind because
of non-availability of Government residential accommodation at the new place
of posting. If the condition ‘non-availability of Government residential
accommodation is fulfilled, the claim will be admissible.

45. What is meant by ‘Controlling Officer’ for Travelling Allowance

Purpose? Name two officers who are their own controlling
officers.

Ans:- A Controlling officer for the purpose of Travelling allowance for each
Government servant or class of Government servant is one who is declared
as such by a Competent Authority. The competent Authority may declare that
any particular Government servant shall be his own controlling officer.

SAT 196
 Members of the postal Board and Telecommunication Commission and
Heads of circles in departments of posts and telecommunication are their own
controlling officers.

46. What are the duties of a controlling officer in regard to a

Travelling Allowance claim? Can a controlling officer delegate his
duty of counter signature to a subordinate?

Ans:- The duties of a controlling officer is passing TA claim are –

(1) To scrutinize the necessity, frequency and duration of journeys and
halts and to disallow the whole or part of TA for unnecessary journeys
and protected halts.
(2) to scrutinize the distance entered in the TA bill
(3) to satisfy himself that mileage and daily allowance, etc., have been
charged at the appropriate rates, that return tickets at concessional
rates have been purchased, where possible and cost of transporting
Government servants personal effects, etc., is reasonable
(4) To observe any subsidiary rules or orders made by the Competent
Authority for his guidance.
(5) to see that in the case of stenos, Pas and Group ‘D’ servants
accompanying Gazetted Officers on tour, that the particulars of the
journeys are certified by the Gazetted officer under whose instructions
the journeys were performed, in order to prevent fraudulent claims.
A controlling officer cannot delegate his duty of counter
signature of TA claims to his subordinate unless he has been expressly
permitted by the Competent Authority.

47. Can a controlling officer reduce the Travelling Allowance claims

of a subordinate even if the facts given are correct and the claim
is according to the relevant rules? If so, enumerate the
circumstances in which this can be done.

Ans:- The Controlling officer reduce the Travelling allowance claims of a

subordinate in the following cases:-
(i) if he considers that the journey was unnecessary or unduly
protracted or that a halt was of excessive duration;
(ii) if the quantum of the personal effects transported is in excess of
the prescribed limit.

48. A Government servant with his headquarters at ‘A’ was sent to

Station ‘B’ on temporary transfer not exceeding 180 days. Before
the expiry of 180 days, he was transferred to station ‘C’ as a
permanent measure. How will you regulate his transfer TA claim?

Ans:- In such cases, the Transfer T.A. claim has to be regulated on the
analogy of SR 116-B. the Government servant is entitled for the following
Transfer Travelling Allowance:-

1. composite transfer grant

2. Rail fare from Stations ‘B’ to ‘C’ .

SAT 197
 3. Traveling Allowance for the conveyance of family an personal effects
from the old headquarters to the new headquarters at the prescribed
rates.
4. Charges towards transportation of personal conveyance from old
headquarters to new headquarters.

49. (a) A Government servant is appointed to a post under the central

Government on the results of a competitive examination which is
open to both Government servants and outsiders. in what
circumstances is he entitled to joining time, joining time pay and
Travelling Allowance?
(b) Is there any provisions for grant of Travelling Allowance to an
unemployed person called for interview for employment under
central Government? If so, indicate how the claim will be
regulated.

Ans:- (a) Joining time and transit pay should be granted as follows to
Government servants appointed to posts under the Central Government on
the results of a competitive examination which open to both Government
servants and outsiders:-
1. Joining time is admissible-
(i) to all Central Government employees, whether permanent or
temporary;
(ii) to State Government employees, only if they are permanent or
provisionally permanent.

2. Joining time pay is admissible-

(i) to all Central Government employees except those temporary
employees who have not completed three years of regular
continuous service;
(ii) to permanent or provisionally permanent State Government
employees
3. Transfer TA under SR 114 should be granted in cases where joining
time pay is granted.
This also applies to a Government servant selected after an
interview for appointment to a post under Central Government.
(b) The following provisions exist for grant of Travelling Allowance to
unemployed persons called for interview for employment under Central
Government:-
No TA will be admissible to candidate for journeys upto 250 km and for
journey in excess of 250 km the candidate himself will have to bear the
expenses for initial 250 km on each of the outward and return journeys. for the
remaining distance (over the initial 250 km) , a single II class railway fare or
actual bus fare, depending on the mode of travel may be paid to the candidate
by the shortest route form the candidate’s normal place of residence or the
place from which the journey is actually performed, whichever is nearer to the
place of interview and back to the same station.
The candidate claiming TA may be required to produce a certificate of
unemployment form an MP or MLA or Gazetted Officer of the place where he
normally resides.

SAT 198
50. What are the provisions regulating the grant of Daily Allowance
when a Government servant is provided with free board and
lodging?

Ans:- A Government servant who, while on tour, is allowed free board and
lodging at the expense of the government or any body or authority in which
Government have interest , may draw only one-fourth of the Daily allowance
admissible to him at the station concerned. If only board is allowed free to
such a Government servant, he may draw daily allowance at one- half of the
admissible rate. If only lodging is allowed free, he may draw DA at three fourth
rates.
When a Government servant is permitted to stay while on tour in
Government office building free of cost, he may draw three fourths of the DA.
For halts admissible to him at the station concerned.
improvised accommodation provided free of charge in a tent or temporary
structure in a locality where regular accommodation is not available, will not
be treated as free lodging, for the purpose of reduction of Daily Allowance.
Casual hospitality should not be treated as free board.
A government servant staying in inspection bungalows, etc., and paying
nominal obligatory charges for services such as water electricity, etc., shall
not be deemed to have obtained free lodging. No reduction in Daily Allowance
should be made in such cases.

51. What is the Travelling Allowance admissible to a Government

servant when he is treated as a ‘State Guest’ during his tour?

Ans: When a Government servant tour is treated as a ‘State Guest’ he may

draw Daily allowance at one-fourth rate of DA admissible oat the station. In
addition, he may draw actual fares paid for the journey and full rate of daily
allowance at ordinary rates for the period occupied by the journey.

52. What are the main provisions relating to drawal of travelling

allowance by Government servant summoned to give evidence?

Ans:- 1. A Government servant summoned to give evidence in a criminal

case, a case before court martial , a civil case to which Government is a party
or departmental inquiry held by a properly constituted authority , will draw
Travelling allowance as follows:-
1. TA as on tour. A certificate of attendance from the court or other
authority which summoned him should be produced.
2. No payment should be accepted form the court. Any fees deposited in
the court towards his attendance should be credited to Government.
3. If the court is situated within 8 kilometers of his headquarters, he may
accept payment of actual travelling expenses form the court. he will not
be entitled to any TA from Government
4. if the Government servant is on leave, he shall be paid TA from and to
the place from which he is summoned.
2. if a Government servant is summoned by a Court of law to produce
official documentation or to give evidence of facts coming to his knowledge

SAT 199
 in the discharge of his official duties in civil cases to which government is
not a party, he may be allowed to draw Travelling Allowance as for a
journey tour for his journey to attend the court. The amount of Travelling
allowance is paid initially from the central government funds and charged
to the Head of Account to which his pay and allowances are debitable The
amount of TA so paid will thereafter be got reimbursed from the court . No
Travelling allowance shall be accepted by the Government servant
concerned form the court.

53. How is the Travelling Allowance of a Government servant, who

performs a journey on tour by means of a staff car supplied to him
free of charge, regulated? What difference does it make if he
undertakes a pat of the journey at his own expense?

Ans:- A Government servant who uses staff car provided free of charge is
entitled to draw only Daily allowance for the duration of absence (including
journey time) from headquarters.
If he undertakes a part of the journey at his own expense, he will be
allowed the mileage allowance admissible under the relevant rule for that part
in addition.

54. What do you understand by the phrase ‘Local Journey’? How the
Traveling allowance of a Government servant is regulated in
respect of such ‘local journeys’?

Ans:- ‘Local Journey’ means a journey beyond a radius of 8 kilometers form

the duty point at headquarters but within the municipal limits of the town or
city in which the duty point is located and include journey performed within the
limits of suburban or other municipalities, Notified areas or cantonments
contiguous to the municipality/ Corporation of the town /city in which the duty
point is located. Journeys to the place which are located in the area of a
Panchayat or Zilla parishad and which are contiguous to and lying on the
outskirts of the municipality/ Corporation n of the town / city in which the duty
point is located and journeys within the limits of an Urban Agglomeration
within which a Government servant’s headquarters are located are also
treated as ‘local Journeys’.

2. For local journeys, a Government servant will draw mileage

allowance and in addition draw 50% of Daily Allowance fixed for ordinary
localities calculated at the following rates:

(i) if the absence from headquarters does not

exceed 6 hours Nil
(ii) If the absence from headquarters exceeds
6 hours but dies not exceed 12 hours 50% of 70% DA
(iii) if the absence from headquarters exceeds
12 hours 50% of Full DA

SAT 200
 3. if free conveyance is provided for such local journeys, daily
allowance at the above rate will only be admissible and no mileage allowance
will be admissible in addition.
4. NO mileage allowance is admissible for local journeys
performed at the tour station.
5. In case where the Government servant is required to perform
duty at a temporary duty point for more than 180 days, no DA will be
admissible for the period beyond 180 days but mileage allowance will be
admissible.
6. The Government servant has the option either to draw TA and
DA as stated above or to claim reimbursement of conveyance hire charges.

55. How will you regulate the Daily allowance for halt at an outstation
in respect of a Government servant, who returns to his
headquarters daily after performance of duty due to non-
availability of proper accommodation at the place of temporary
duty or other similar reasons to suit his convenience?

Ans. When a Government servant returns daily to his headquarters while on

tour to an outstation, due to non-availability of proper accommodation , etc.,
to suit his convenience, he may draw Daily Allowance at the rates applicable
to the place of temporary duty on all days on which he performs duty there
(irrespective of the place of his residence) to the same extent as would be
admissible had he stayed at the place of temporary duty till the completion of
tour, but on intervening Sundays and holidays, no Daily Allowance will be
admissible unless he is actually ( and not merely constructively) in camp.

56. Examine whether any TA is admissible in the following cases and,

if admissible, indicate how it will be regulated:-

1) A Government servant under suspension performs a journey to attend

a departmental inquiry instituted against him.
2) An Officer drawing the pay of Rs. 8,000 travels on official duty, by a
longer route by car between places connected by rail on the plea that
reserved accommodation in the entitled class by train going by the
shortest or cheapest route was not available.
3) An Upper Division Clerk on tour with a local audit party travels from his
camp station to headquarters to take the confirmatory examination,
after which he travels back to his camp station.

Ans:- 1). The Government servant may be allowed tour TA to the place of
inquiry either from headquarters or permitted place of residence, whichever is
less. No TA is admissible if the inquiry is held at the outstation at his request.
His grade will be the same to which he belonged prior to suspension.
2). TA for journey the longer route for want of accommodation by
shorter route, is mot admissible. He will get a single fare for the entitled class
by the shortest or cheapest route plus usual DA.

SAT 201
 3) Confirmatory examination is an obligatory examination vides SR 130
(a). TA as on tour without halting allowance is therefore admissible form the
camping station to the headquarters and back. If TA had been drawn earlier
on two occasions, it should not be allowed a third time, vide provision (1) to
SR 130.

57. What is the entitlement of Travelling allowance in the following

cases, (Principles need alone be specified):-

(a) Director of Telecommunication, Mumbai proceeded on earned

leave for 40 days from 1st April and went to Nagpur on 10th April.
Orders were issued transferring him as Director, Nagpur, on
10th May. he joined the new post on 11-5- without returning to
Mumbai.
(b) Postmaster-General , Chennai, was transferred to the Postal
Directorate. At the time of transfer, he was keeping his car at the
home town at Trivandrum. He transported his car by road
between Trivandrum. he Transported his car by road between
Trivandrum and Delhi.
(c) Director Postal Service , Mumbai drawing a pay of Rs. 14,300
p.m. travelled on tour from Mumbai to Ahmadabad by Air
Distance between 2 places -492 km.
(d) General Manager, Telecom, Drawing a basic pay of Rs. 16,400
on his transfer from Bangalore to Bhopal Travelled by Air –
Conditioned 1st Class along with two members of his family from
Bangalore to Bhopal. Another member of his family travelled by
Air between Hyderabad and Bhopal.
(e) An IA &AS Officer drawing basic pay of Rs. 14,300 travels from
Calcutta to Ranchi to deliver lectures at the Regional Training.
The distance between Kolkata and Ranchi is 550 km. There is a
Ranchi at 07-00 hours next morning.

Ans (a). in cases where a Government servant was spending leave not
exceeding 6 months at a station other than his headquarters and if he was
subsequently transferred to the same station and joins the new post without
returning to his headquarters, Travelling Allowance on transfer will be
admissible to the Government servant and the members of his family who
actually travelled to the new station in consequence of leave.
(b) The officer may draw the actual cost of transporting the car from
Trivandrum to Delhi limited to the amount that would be admissible, had it
been.
(c) Government servants drawing basic pay between Rs. 12,300 and
Rs. 16,400 may travel by air at their discretion, if the distance involve is more
than 500 km and the journey cannot be performed overnight by a direct train
service / direct slip coach service e. the officer is not entitled to travel by air,
but may draw air fare restricted to rail fare for highest entitled class available
from Bombay to Ahmadabad.
(d) Officer drawing pay Rs. 16,400 and above are entitled to travel by
AC first class on tour and transfer and at their discretion by air also. As such
the whole claim is admissible.

SAT 202
 (e) Officer Drawing pay between Rs. 12,300 and Rs. 16,400 may
travel by air at their discretion, if the distance involved is more than 500 km
and the journey cannot be performed overnight, i.e., between 6 p.m. and 8.
a.m. by a direct train service /direct slip coach service. As such, the claim of
the officer for full reimbursement of airfare is not admissible.

58. (a) A person not in government employ is required to attend a

departmental enquiry. He claims actual travelling, hotel and
carriage expenses. Are these admissible?
(b) What daily allowance is admissible to a Government servant
who is supplied with means of conveyance without charge, if he
returns to his headquarters on the same day?

Ans:- (a) A Competent Authority may grant to a person not in Government

employ, who is required to attend a departmental enquiry, Travelling
allowance for the journey calculated under the ordinary rules for the journey of
a Government servant on tour. That authority may, in its discretion; grant to
the person concerned his actual travelling, hotel and carriage expenses
instead of TA under normal rules, if it considers that such allowance would be
inadequate. All Heads of Departments have been declared ad Competent
Authority for the purpose.

(b) The Government servant may claim daily Allowance at the following
rates:-

(i) Absence from headquarters not

exceeding 6 hours Nil
(ii) Absence from Headquarters exceeding 6
hours but not exceeding 12 hours 70%
(iii) Absence from headquarters exceeding 12
hours Full

The Daily allowance will be admissible only at the ordinary rates irrespective
of whether the place visited is an expensive or specially expensive locality.

59. How will the Travelling Allowance in respect of the following

categories of persons appointed to Committees, commissions
and Boards of Enquiry set up by the Government be regulated?

(1) Government Servants.

(2) Members of Parliament
(3) Member of State Legislature
(4) Other non-officials.

Ans:- The Grant of Travelling Allowance of Daily allowance to the members

appointed to committees and commissions of enquiry set up by the
Government of India will be regulate

SAT 203
 (1) Government servants:- Actual fare paid for journey by
Air/Rail/Bus/Taxi plus Daily Allowance at the appropriate rate for the
period of absence from headquarters.
(2) Members of Parliament:- A member of Parliament will be entitled to
Travelling Allowance on the same scale as is admissible to him
under section 4 of the salaries and allowance of Members of
Parliament Act, 1954, in respect of journeys performed by rail, road
, air and steamer in connection with the work of the committee on
which he is appointed as a member. A Member of Parliament will
ordinarily travel by rail utilizing the free first class rail pass issued to
him. He may also travel by air at his discretion.
He would be entitled for each day of the meeting to a Daily
allowance at the same scale as is admissible to him under Section
3 of the Salary, Allowance s and Pension of Member of Parliament
Act, 1954. He will also be entitled to Daily allowance for two days
preceding and two days following the meeting if he actually stays at
the place of the meeting. When the parliament or a parliamentary
committee on which a Member is serving is in session. The Member
will not be entitled to draw any Daily Allowance in connection with
his assignment on the official committee. However, if he certifies
that he was prevented from attending the session of the house or
the Parliamentary committee, because of his work connected with
the committee and did not draw any daily allowance from the
Parliament, he would be entitled to draw daily allowance as
indicated above.
(3) Members of the State Legislature:- The TA and DA (including
conveyance allowance) of Members of the State Legislatures
appointed to serve on Committees, etc., will be regulated under the
TA rules of the State Government concerned and they will be
treated as their First Grade Officers for this purpose during non-
session of the State Legislature; and during the session of the State
Legislatures they will be governed by their respective payment of
salaries and allowances and Removal of Disqualification Acts.
(4) Other non-officials:- for the purpose of TA., a non-official member
will be treated at par with Government servant drawing pay of Rs.
2,800 and above but less than Rs. 51,00 pm. (Forth pay
Commission’s Pay Scales0 and is entitled to Travel by First Class
or II AC 2-Tier during journey by all trains, including Rajdhani
Express trains. the Administrative Ministry may permit such member
to travel by I ACC. in respect of journeys by road between stations
not connected by rail, he is entitled for the road mileage at the rates
notified by the concerned Director of Transport for Taxi, if the
journey is performed by full Taxi /own car or at the rates notified by
the concerned Director of Transport for Autorickshaw, for journey by
motor cycle/scooter. in the cases of journeys performed by road
between stations connected by rail, the road mileage will be
restricted to rail fare for First Class/AC-2Tier Sleeper available in
the route.

SAT 204
 A Non –official member will be entitled to Daily Allowance at the
rates prescribed in G.I., MF., O.M No. 19020/1/84-E IV, Dated the
23rd June, 1986 and No. 19020/4/91-EIV ,dated the 28th July, 1992.

60. What Travelling Allowance is admissible to a Government servant

retiring from service? What are the conditions subject to which
such TA is admissible?

Ans:- Travelling Allowance, in the same scale as for transfer from one station
to another station in public interest, is admissible to a Government servant
and members of his family for journey on his retirement form the last station of
duty to any place where he and his family are to settle down permanently after
retirement.
2. The above concession will be admissible only if the retired
Government servant moves form the last station of duty within one year from
the date of retirement.

61. Is any TA admissible to a retiring Government servant who

wishes to settle down permanently at the last station of duty? If
so, how is the TA regulated in such cases?

Ans:- A Government servant who wishes to settle down permanently after

retirement at the last station of his duty (i.e., in the area falling within the
jurisdiction of the Municipality or Corporation, including such of suburban
Municipalities, notified areas or cantonments as are contiguous to the name
municipality, etc., where the Government servant was posted immediately
before his retirement) may be allowed Travelling allowance as detailed below,
provided he is required to change his residence as a result of his retirement
and moves to the new residence within one year of his retirement.

2(a) For self and Family:- Composite transfer grant equal to one-third of basic
pay is admissible. Actual cost of conveyance not exceeding the road mileage
allowance prescribed under SR 116 (a) II (i) and (ii) will be admissible.

(b). for personal effects:- Actual cost of transportation not exceeding

the amount prescribed under SR 116 (a) II (iii) will be admissible.
(c) for transportation of conveyance:- Allowance at the rate notified by
the Director of Transport for taxi in the case of motor car and for
autorickshaw in the case of motor cycle /scooter at the starting point will be
admissible. separate mileage allowance will be admissible to the Government
servant and members of his family if they do NOT travel by the same
conveyance.

62. What Travelling allowance is admissible to the family of a

Government servant who dies while in service? What are the
conditions governing the grant of TA in such cases? Can any
advance of TA be granted?

Ans:- In the case of death of a Government servant while in service TA as for

journey from the last headquarters of the Government servant to any place

SAT 205
where the family whishes to settle down permanently. The journey should be
completed within one year after the death of the Government servant. if the
time of the death of the Government servant a members of his family happens
to be at a station other than the Government servant’s last headquarters and
proceeds to the selected place of residence. TA. will be restricted to the
amount which would have been admissible if the journey was performed from
the last headquarters station to the select place of residence.

2. An advance of TA limited to three fourths of the probable

amount of travelling expenses may be granted to any one member of the
family subject to furnishing surely bond from a permanent Central
Government servant of status comparable or higher than that of the
deceased Government servant and also giving an undertaking to render the
account of the advance within one month of the completion of the journey.
3. The concession is not admissible to the family of a deceased
temporary Government servant who has not completed three years
continuours services.

63. What are the TA entitlements of Government servants undergoing

courses of training in India including residential training
programmers where compulsory boarding and lodging are
provided at fixed rates?

Ans:- The TA entitlements of Government servants deputed to undergo a

course of Training in India are as follows:-

(i) TA as on tour form the Headquarters station to the station where

the training is imparted and back
(ii) if the pay and allowances of the Government servant have not
been increased to meet the expenses of training and if boarding
and lodging facilities are not provided, DA will be admissible at
full rate for a maximum period of 180 days . No DA is admissible
beyond 180 days. If boarding and lodging facilities are provided
DA will be admissible at full rate for the first 30 days and at half
rate for the next 150 days.
(iii) If the period of training exceeds 180 days, the Government
servant will be given an option to draw either TA as on transfer of
TA as on tour with daily allowance for the first 180 days as state
above.

2. In the case of residential training programmes where boarding and

lodging at the training institute are compulsory and are provided at
fixed rates, a special allowance in lieu of DA will be admissible to
Government servant deputed undergo such training course. The
special allowance, irrespective of the period of the training course, will
be calculated as follows:-
(i) Outstanding Participants -- Actual expenditure on a board
and lodging plus 1/4 of full DA
(ii) Local Participant -- Actual
expenditure on board

SAT 206
 and lodging only

3. in the case of training at the headquarters station of the Government

servant,. No TA and DA will be admissible.

64. How will you regulate the pay and allowances and Travelling
allowance of an official of Posts or telecommunication
Department deputation to undergo a course of training in India
and the period of Training is treated as duty?

Ans:- The official will be entitled to pay and allowances and Travelling
allowance during the period of training as under-

Pay and Dearness allowance:- He would draw the pay and Dearness
allowance to which he is entitled from time to time at his headquarters.
Compensatory (City) Allowances and HRA:- If the official is not drawing
daily allowance during the period of training, he is entitled to the CCA and
HRA at the rates admissible for his headquarters station form where he
proceed on training or at the rates admissible for the station where he is
undergoing training , whichever are higher. If he draws Daily allowance during
the period of Training, CCA and HRA will be admissible only at the rates
admissible for the headquarters station form where he proceeded on training
and will continue t draw HTA and CCA at the same rates even beyond 180
days when no Daily Allowance is admissible.
Travelling allowance:- The official may draw Travelling allowance as on tour
with daily allowance for the maximum of 180 days. No. DA is admissible for
stay at the same station beyond 180 days. In case the duration of the training
is more then 180 days, the official at his option may draw either TA as on tour
with daily allowance at full rates for 180 days or TA as admissible for transfer.
If the Government servant is sent ton study tours form the training
centers, he will be entitled to TA/DA on tour rates under the normal rules. The
period of absence from the training centers on this account will, however, be
taken into account to determine the period of stay at the training center.
If the Government servant has to undergo theoretical Training and
practical training in continuation without break at one and the same station DA
will be admissible only for the first 180 days. Incases where the theoretical
training is at one station and the practical training is at station where he
undergoes practical training treating it as a fresh course in training even
though he would have drawn DA for 180 days. He previous station where he
underwent theoretical training.

65. Comment on the following :-

(1) MR. ‘X’ an Executive Engineer, leaves his headquarters at 09.30
hrs by Government vehicle and returns to the headquarters at
18.30 hrs on the same date after inspection of a work at a
distance of 45 km. he claims one full DA.
(2) a Government servant residing at a place 12 km away form his
office is detailed for some temporary work on a working day at a
place situated at a distance of 5 km from his residence. He is

SAT 207
 not required to attend his headquarters office on that day. He
claims on DA for absence from his residence from 10.00 hrs to
17.00 hrs. In that day.
(3) an under Secretary undertook a road journey to the airport to
meet the minister in charge of his Ministry. Subsequently, he
submitted a bill claiming Travelling Allowance for the journey.
(4) A government servant drawing the pay of Rs. 6,000 performed
tour journeys between stations not connected by rail in his own
motor cycle and claimed road mileage at the rat e notified by the
Director of Transport concerned for auto rickshaw. The
controlling authority restricted the mileage to the bus fare on the
ground that the stations are connected by public transport
system and the Government servant had not obtained prior
permission to perform the journey by motor cycle.
(5) An officer drawing the pay of Rs. 8,300 pm while on tour stayed
in the rest room of International Airport Authority of India and
claimed Daily Allowance at enhanced rate applicable for stay in
Hotel.
(6) A Government servant on transform Station ’A’ to Station’B’
claims TA for his widowed daughter wholly depended upon him
residing with him.
(7) A Government servant wit headquarters at Delhi goes on tour to
Mumbai for 45 days. He stays at Pune and Travels daily to
Mumbai returning to Pune each day. He claims DA at the rates
applicable for Mumbai.
(8) A Government servant did not submit his tour TA claim for which
he had taken advance within one year of its becoming due on
the plea that his pay is yet to be fixed in the revised scale of pay.
The authority directed that the tour advance should be
recovered form his pay in one instalment as his right to TA claim
stood forfeited.
(9) A Government servant returned to headquarters on the same
day form tour to an expensive locality and claimed DA at
expensive locality rates. The same was allowed.
(10) Controlling office has allowed DA for restricted holiday
availed of while on tour.
(11) A Government servant on tour arrived at the headquarter
at 06.15 hrs and claimed 0.7 D A . The schedule arrival time of
the train is 06.00 hrs and the train was late by 15 minutes. The
claim was disallowed by the controlling officer.
(12) A Government servant did while on tour and his body was
brought by Air in a Commercial Flight to Headquarters at
Government’s expenses.
(13) A Government servant on tour to Shimla had to extend
his stay for two days on account of absence of train services
due to heavy snowfall. he claimed higher rate of DA for te two
days of extended halt.
(14) An officer on transfer form one place to another had
travelled in the conveyance (Motor car) under its own

SAT 208
 propulsion. he claimed road mileage for self in additional to the
coast of Transportation of the car. The claim was admitted.
(15) An officer Drawing a basic pay of Rs. 12,000 travelled by
air to and fro on tour of a distance of 2,500 km . the controlling
office allowed the claim.
(16) A Government servant died at Mumbai during tour. the
wife of the official requests the concerned Head of Office to
arrange to bring the body of her husband t his home town
(Cochin) by air for funeral. The Head of Office demands an
advance e from the widow t meet the cost of airlifting the body.
(17) A retired Government servant applied for TA advance of
Rs. 10,000 in respect of journey for self and his family to his
home town, Trivandrum to settle down permanently there. His
last station of duty was New Delhi. The Head of Office
sanctioned the advance of Rs. 10,000.
(18) A Government Servant leaves his residence at 11.40 am
on 7-10 – for journey on tour to Mumbai. The train leaves at
12.10 p.m. He claims full DA for 7-10
(19) Mr. ‘X’ proceeding on journey in connection with training
at Shilong was forced to halt for 4 days at Siliguri because of
heavy floods resulting in breakdown of rail/road services. He
applied for treating the period of enforced halt as duty. the
Competent Authority refused the same and told the officer to
apply for the kind of leave due.

Ans:- (1). The absence from his headquarters is 9 hours only. he is entitled for
the payment of 70% of DA at ordinary rate.
(2) TA for a local journey is admissible if the temporary place of duty is
beyond 8 km from the normal place of duty irrespective of whether the journey
is performed by the Government servant form his residence or from the
normal place of duty. The Government servant is entitled for the payment of
70% of DA at half the rate prescribed for ordinary localities as his absence
exceeds 6 hours but does not exceed 12 hrs.
(3) If the journey was undertaken in connection with performing official
duties, the officer is entitled to claim TA . Such claims should be supported by
a certificate form his controlling Authority that the journey was undertaken for
official purpose s and that no Government vehicle is available for the use of
the officer.
(4) The action of the Controlling Authority is not in order. As per GOI
(1) , below SR 46, no permission of the superior authority is necessary to
travel by full taxi/ own car/motor cycle or scooter between places connected
by rail.
(5) Central Government servant staying in the rest room of
International Airport Authority of India would been entitled to only the normal
rates of Daily Allowance vide GOI (5) , below SR 51. The claim is not in order.
(6) The Term ‘family’ for the purpose of TA includes widowed daughter
also, so along as she is wholly dependent upon the Government servant and
resides with him. The claim is in order.
(7) The officer is entitled to claim daily allowance at the rate admissible
for Mumbai for all the days on which he performed official duties at Mumbai.

SAT 209
ON Sundays and other holidays on which he would have stayed at Pune , no
Daly allowance would be admissible as he was not actually in camp at
Mumbai, i.e., the place of duty.
(8)There is no objection to the Government servant waiting for
submission of their TA claim beyond one year on their becoming due till such
retention of pre- revised scale as the case may be. The Head of Departments
are empowered to relax the provision of SR 194-A in such cases and allows
the claim. The action of the authority is not in order.
(9) If a Government servant returns to headquarters on the same day
he will daily draw allowance at the ordinary rates irrespective of the fact that
the journey was performed to an expensive locality vide GOI (3f) below SR
51. Hence the action is not in order.
(10) A Government servant who takes casual leave or restricted
holiday while on tour is not entitled to DA during such Leave vide GOI (I) ,
below SR 72. The action is not in order.
(11) Where the train is late by more than 15 minutes, actual time of
arrival can be taken into account for computing the duration of absence. The
disallowance of the claim by the Controlling Officer is in order vide GOI (1),
below SR 71.
(12) The action is in order vide GOI (8) , below SR 48-B
(13) This will be treated as an enforced halt at the tour station and daily
allowance will be admissible for the days of such halt at the rate admissible
for Shimla.
(14) Since the conveyance (motor car) was transported under its own
propulsion, no separate road mileage/ rail fare is admissible for the
Government servant who travelled in the car in addition to the cost of
Transportation of the motor car. Admission of the claim is irregular.
(15) The officer is not entitled to travel by air since his pay is less than Rs,
12,300. He may draw air fare restricted to rail fare for the highest entitled
class available on the route. Admission of the claim for the air travel is
irregular.
(16) In case of death of a Government servant while on tour, the body
may be brought by air on a commercial flight to the headquarters or to the
home town, according to the wishes of the family at Governments expenses.
the demand of the Head of Office in this case is irregular.
(18) for the purpose of grant of Daily Allowance, the period of absence
form headquarters should be reckoned , in the case of journey by rail, with
reference to the schedule departure/ arrival time of the train from at the
railway station. Hence the absence from headquarters on 7-10 will be 11
hours 50 minutes for which DA admissible is only 70% of full DA.
(19) The period will be treated as duty and the Government servant is
entitled to DA at ordinary rates. The action of the Competent Authority is not
in order.

SAT 210
 Joining Time

1. To whom do the Central Civil Services (Joining Time) Rules, 1979,

apply ? Mention four categories of Government servants who are
exempted from their application.

Ans 1: The Central Civil Services (Joining Time) Rules, 1979, shall
apply to all Government servants appointed in civil services and posts under
the Central Government including work-charged staff but shall not apply to :-

(a) Railway employees.

(b) Armed Forces Personnel and those paid from the Defence Services
estimates.
(c) Government servants engaged on contract and those who are not in
whole-time employment of Government.
(d) Government servants, paid out of contingencies.

[Rule 1(3), CCS (JT) Rules]

2. State the salient features of the Central Civil Services (Joining

Time) Rules, 1979. From what date did these rules come into effect ?

Ans 2
1. The salient features of these rules are:-

(a) Joining time is admissible when the transfer is in public interest.

(b) The admissible days of joining time will be calculated on the bases
of the distance between the old and new headquarters on the
following scale :-

Distance between JT JT admissible where the

old and new admissible journey involves
headquarters continuous travel by road
for more than 200 km
1,000 km or less 10 days 12 days
1,001- 2,000 km 12 days 15 days
Above 2,000 km 15 days 15 days

• Only 12 days, if the journey is performed by air.

(C) Only one day joining time is admissible if the transfer is within
the same station or if the transfer does not involve a change of
residence from one station to another.

SAT 211
 (c) No Joining time is admissible for temporary transfer not exceeding
180 days. Only actual transit time as for tour journey will be
admissible.

(d) If the Government servant is ordered to join the new post at a new
place of posting without available of full joining time or if he
proceeds alone and joins the post without available full joining time
and takes his family later within the permissible period of time for
claiming TA for the family, the unavailed days of joining time will be
credited in his ‘earned leave account’. No credit will be given in the
‘earned leave account’ if the joining time of one day admissible for
transfer from one office to another in the same station is not
availed.

(e) Joining time can be combined with leave of any kind and any
duration, except casual leave.

(f) Holidays cannot be prefixed to joining time; but if holiday(s)

follow(s) joining time, the joining time shall be deemed to have been
extended to cover such holiday(s).

(g) Joining time is treated as duty and the joining time pay will be equal
to the pay which was drawn before relinquishment of charge in the
old post. Dearness Allowance appropriate to the Pay, HRA and
CCA at the same rate at which drawn before relinquishment of
charge in the old post will be admissible in addition to joining time
pay.

(h) If increment falls during the period of joining time, the enhanced pay
on account of the increment will be drawn only on joining duty as in
the case of increment falling during the period of leave.

(i) Joining time may be extended by the Heads of Departments up to

30 days and by the Departments of Government of India beyond 30
days in deserving cases.
(j) Joining time will be calculated from the old headquarters to the new
headquarters in all cases. If the orders of posting is revised while a
Government servant is already in transit, a fresh spell of full joining
time calculated from the station where the revised orders are
received to the new headquarters will be admissible in addition to
the joining time already availed.

(k) Joining time commences from the date of relinquishment of the

charge of the old post if the charge is made over in the forenoon. If
the charge in the old station is made over in the afternoon, joining
time will commence from the next day.

[Rules 4 to 7, CCS (JT) Rule]

SAT 212
 3. How will you regulate :-

(i) the period of joining time not availed of by a Government

servant on transfer.
(ii) the period spent for awaiting departure of steamer while on
transfer.
Ans : (i) When a Government servant is ordered to join the new post
without availing full joining time and takes his family later within the
permissible period of time for claiming TA for the family, the number of days of
joining time as admissible under the rules subject to a maximum of 15 days,
reduced by the number of days actually availed of will be credited to his leave
account as earned leave subject to the ceiling of 300 days.’
(ii) Only one day joining time is admissible if the transfer is within
the same station or if the transfer does not involve a change of residence from
one station to another. unavailed joining time in this case will not be credited
to his leave account.
[Rules 5 and 6, CCS (JT) Rules.]

The period spent awaiting the departure of steamer may be treated as

extension of joining time under the sanction of the Head of Department.
[Rule 5, CCS(JT)(Nov)]

4. How is Joining Time calculated ?

Ans: Joining time commences from the date of relinquishment of the charge
of the old post, if the charge is made over in the forenoon and from the next
day if the charge of the old post is made over in the afternoon. The admissible
days of joining time is calculated, in all cases, on the basis of the distance
between the old and new headquarters on the following scale :-

Distance between old and JT admissible JT admissible where the

new headquarters journey involves
continuous travel by road
for more than 200 km
1,000 km or less 10 days 12 days
1,001-2,000 km 12 days 15 days
Above 2,000 km • 15 days 15 days

• Only 12 days, if the journey is performed by air.

Only one day joining time is admissible if the transfer is within the same
station or if the transfer does not involve a change of residence from one
station to another.
Intervening Sunday(s) and holidays will be included in the number of
days of Joining Time availed.
[Rule 5, CCS (JT) Rules]

SAT 213
5. Define ‘Joining Time’. State when joining time is granted to
Government servants.
OR

What are the conditions under which joining time is allowed ?

OR

Under what circumstances is joining time admissible to a Government

servant ?

Ans : Definition : Joining time means time allowed to Government servant in

which to join a new post or to travel to a station to which he is posted.
2. Joining time is granted to Government servants in the following
circumstances :
(a) To join a new post either at the same or in a new station without
availing himself of any leave on relinquishing charge of his old
post.
(b) To join a new post in a new station on return from vacation or
leave of any kind (except casual leave), irrespective of the
duration, of vacation/leave.
(c) To proceed by sea, on leave to his home town in one island
after relinquishing charge of his post in another island, or from
his home town in one island for joining a post in another island
on the expiry of his leave, once in a calendar year in case he is
domiciled in the Union Territory of the Andaman and Nicobar
Islands or the Union Territory of Lakshadweep.
(d) A Government servant domiciled in the Union Territory of
Andaman and Nicobar Islands or the Union Territory of
Lakshadweep and recruited for service in respective territory,
when posted for service on mainland in public interest is entitled
to joining time, once a year, while proceeding to and returning
from the said Union Territories on leave.
(e) A Government servant domiciled in any part of India other than
Union Territory of Andaman and Nicobar Islands or
Lakshadweep and recruited for service in these Union
Territories, while proceeding one leave from his post in one
Island in that Union Territory to his home town on the mainland
to join his post in another island in that Union Territory, is
entitled to joining time.
(f) The surplus staff transferred from one post to another under the
Scheme regulating redeployment of surplus staff are eligible for
joining time.
(g) Government servants who are discharged due to reduction of
establishment from one Central Government office and
reappointed to another Central Government office shall be
entitled to joining time if the orders of appointment to the new
post are received by them while working in the old post. If they
are appointed to the new post after being discharged from the

SAT 214
 old post, the period of break may be converted into joining time
without pay by the Head of the Department provided –

(i) the Government servant concerned has rendered not less than 3 years
of continuous service on the date of discharge,
and
(ii) the period of break does not exceed 30 days.

(h) All Central Government servants, whether temporary or permanent,

who are appointed to posts under Central Government on the results of a
competitive examination and/or interview open to Government servants and
others, are entitled to joining time and joining time pay. However, temporary
Central Government servants who have not completed 3 years of regular
continuous service are entitled to only joining time and are not entitled to
joining time pay.

(i) Permanent/provisionally permanent State Government servants who

are appointed to posts under Central Government on the results of
a competitive examination and/or interview open to Government
servants and others are entitled to joining time and joining time pay.

[Rules 4 and 6, CCS(JT) Rules read with GIO(1)]

6. Write short not on ‘Joining Time’.

Ans 6 :- Joining time is the time allowed to a Government servant

to join a new post or to travel to a station to which he is posted if the transfer
is in public interest. It is also allowed from a specified station to the remote
locality which is not easy of access or vice versa to a Government servant
proceeding on transfer and to proceed on leave from/to specified station
to/from a place in a remote locality which is not easy o9f access and return
therefrom on the expiry of leave. He is entitled to joining time pay equal to the
pay which was drawn before relinquishment of charge in the old post. Joining
time is calculated on the basis of the distance between the old and the new
headquarters. Holidays cannot be prefixed. But if holidays follow joining time,
the joining time shall be deemed to have been extended to cover such
holidays.

[Rules 4 and 5, CCS(JT) Rules]

7. How are pay and allowances regulated during joining time/

Or
What are the entitlements to payment of a Government servant on
joining time?

Ans 7:- A Government servant on joining time is regarded as on duty

during that period and is entitled to joining time pay equal to the pay which
was drawn before relinquishment of charge in the old post. In addition, he is
entitled to Dearness Allowance appropriate to the joining time pay, House

SAT 215
Rent Allowance and Compensatory (City) Allowance as applicable to the old
station from which he was transferred. The regulation of joining time pay and
allowances is the same whether the joining time is availed independently or in
combination with any kind of leave (except casual leave).

2. Conveyance Allowance or permanent Travelling Allowance will not

be admissible during the period of joining time.

3. No joining time pay or allowances will be admissible to a

temporary Central Government servant who has not completed three years of
regular continuous service, when he is appointed to a post under the Central
Government on the result of a competitive examination and/or interview which
is open to both Government servants and others, even though such
Government servants are entitled to joining time.

4. No joining time or joining time pay is admissible unless the

transfer of a Government servant is in public interest.

[Rule 4 and 7, CCS (JT) Rules]

8. State to what joining time pay an officer is entitled if he avails

himself of the same after a spell of extraordinary leave?

Ans:- The officer is entitled to joining time pay equal to the pay drawn by him
at the time of relinquishment of charge in the old post before proceeding on
extraordinary leave. Dearness Allowance appropriate to the joining time pay,
HRA, CCA at the rate admissible for the old station will be admissible in
addition to joining time pay.

[ Rule 7, CCS (JT) Rules, 1974.]

9. Is it correct to say that since joining time is duty, an officer on

joining time will always draws his duty pay?

Ans:- Under Rule 7 of CCS (JT) Rules, 1979, a Government servant on

joining time shall be regarded as on duty during that period and shall be
entitled to be paid joining time pay equal to the pay which was drawn before
relinquishment of charge in the old post. The position is same if the joining
time is availed in isolation or in combination with any kind of leave (except
casual leave).

10. When a government servant is transferred at his own request,

how is the time taken by him for transit from the old to new station to be
treated?

SAT 216
Ans:- When a Government servant is transferred at his own request and the
transfer is otherwise than in public interest he is not entitled to either joining
time or joining time pay.

However, leave (not casual leave) may be granted to cover the period
of transit if the government servant applies for it and the competent authority
is willing to sanction it. In this case he will be entitled to al the benefits
covered by the rules applicable to him and the period may count for increment
and pension.

When an official is relieved on transfer at his own request on the eve of

holiday(s) and report for duty in the new station in the forenoon after the
holiday(s), he need not apply for grant of leave and the intervening holiday(s)
will be deemed to have been availed of by him as ‘Holidays’ and the pay and
allowances for the holidays will be drawn and paid by the new office.

[GIO (6) (JT) Rules.]

11. A Government servant on transfer at his own request was relieved

at Station ‘A’ on 18th afternoon and he reported for duty at station ‘B’ on
21st and 20th happened to be public holidays. The Head of Office asked
the Government servant to take earned leave for 19th and 20th. Comment.

Ans:- the action of the Head of Officer is not in order. The intervening
holidays on 19th and 20th may be deemed to have been availed of by the
Government servant as ‘holidays’ and he should not be directed to take leave
for such holiday(s). The pay for the holidays will be borne by the office where
the Government servant joints after his transfer.

[ GOS (6) CCS(JT) Rules.]

12. An official transferred at his own request from station ‘A’ to

station ‘B’ involving a distance of 500 km was relieved from his old post
on 15th July, A/N. He joins at the new station on 21st July, F/N. He claims
duty pay and allowances for the period from 16th July. Comment.

Ans:- No joining time is admissible in the case of transfers from one station
to another which are not in public interest. When joining time is not
admissible, no question of payment of joining time pay. The official can apply
for leave (not casual leave) to cover the period from 16th July to 20th July, in
which case he will be entitled for leave salary.
[ GIO (6) (JT) Rule.]

13. A Government servant is appointed to a post under the Central

Government on the result of a competitive examination which is open to
both Government servants and outsiders. In what circumstances is he
entitled to joining time, joining time pay and traveling allowances?

Ans:- See Para. 2 (h) of answer to Question 5 in this Lesson.

SAT 217
14. What penalty is prescribed for a government servant who does
not join his post within his joining time?

Ans:- A Government servant who overstays the joining time, suffers the
following penalties:-
(i) He is entitled to no pay or leave salary for period of overstayal.
(ii) The overstayal period will be treated as dies non. It will not count for
person or for increment.
(iii) Wilful absence from duty after the expiry of joining time pay be
treated as misbehavior for the purpose of FR 15. He may be
punished on this account under the Discipline Rules applicable to
him. [FR 108.]

15. A Government servant did not join his new post within joining
time to which he was entitled. The authority, after due consideration of
the case, decided to treat the excess joining time availed of by him as
leave due and admissible. Comment.

Ans:- The action of the Competent Authority is in order, if the government

servant had applied for the grant of leave for the excess joining time.

16. Can extension of joining time beyond the prescribed limit be

granted? What ate the guiding principles prescribed for calculating
such extension.

Ans:- Extension of joining time beyond the prescribed limits can be granted
up to the maximum limit of 30 days by Heads of departments and beyond 30
days by the departments of the government of India.

Extension of joining time can be granted in the following circumstances:--

(a) when the government servant has been unable to use the ordinary
mode of traveling and notwithstanding the diligence on his part, spent
more time on the journey than is allowed by the rules; or
(b) when such extension is considered necessary for the public
convenience or the saving of such public expenditure as caused by
unnecessary or purely formal transfers;
(c) when the rules have in any particular case operated harshly; for
example, when an official has through no fault on his part missed a
steamer or fallen sick on the journey.

Guiding principles.—The total period of joining time should be approximately

equal to 8 days for preparation plus reasonable transit time plus holidays, if
any, following the extended joining time. While computing the transit time,
allowance could be made for time unavoidably spent due to disruption of
transport arrangements caused by strike or natural calamities, or the period
spent awaiting the departure or the steamer.

[ Rule5 (5), CCS )JT) Rules.]

SAT 218
17. A Government servant on transfer was held up for two days on
account of disruption of train services caused by strike and claims tow
more days of joining time. Is this permissible.

Ans:- Since the government servant was held up for two days on account of
disruption of train service caused by strike which was beyond the control of
the government servant, extension of two days joining time may be allowed to
the government servant b y the Head of the Department.

[Rule 5 (5).]

18. Can holidays be prefixed or suffixed to joining time?

Ans:- Holidays cannot be prefixed to joining time, instead joining time

commences from the holiday itself.

When holiday(s) follow(s) joining time, the normal joining time may be
deemed to have been extended to cover such holiday(s).

[ Rule 5 (4), CCS (JT) Rule 1979.]

19. can holidays be combined with joining time? If so, under what
conditions? How are the pay and allowances for the periods so
combined regulated?

Ans:- Holiday(s) cannot be prefixed to joining time; but if holiday(s) follow(s)

joining time, the joining time shall be deemed to have been extended to cover
such holiday(s). When the joining time is deemed to have been extended, the
pay and allowances for the holiday(s) will be same as for joining time.
Holiday(s) falling during the period of joining time will be counted
against the admissible number of days of joining time.

[Rule 5 (4) and 6 (2), CCS (JT) Rule.]

20. What concessions have been extended to temporary Government

servants who are discharged due to reduction of establishment from
one Central government office and re-appointment to another central
Government office in the matter of joining time pay, traveling allowances
and treatment of the period of interruptions between the two posts?

Ans:- The following concessions are admissible:--

(i) if the orders of appointment to the new post are received by the
Government servant concerned while working in his old post,
joining time with joining time pay and travelling allowance on
transfer scale will be admissible.

SAT 219
 (ii) If the orders of appointment to the new post are received by the
Government servant concerned soon after discharge from his old
post and the Government servant joins his new post without delay,
no travelling allowance will be admissible, but the period of break
may be converted into joining time without pay by the Head of
Department under whom the Government servant concerned is
presently employed, provided that the period of break does not
exceed 30 days and that the Government servant has rendered not
less than three years of continuous service on the date of his
discharge.
[Rule 4, CCS(JT) Rule]

21. How is joining time calculated when a person is transferred from

Station ‘A’ which is not in a remote locality to Station ‘B’ in a remote
locality which is not easy of access ? How is the pay for the transit
period determined ?

Ans : In cases of transfers from a station which is not in a remote locality to

a station which is in a remote locality and vice verso, the Heads of
Departments can extend the joining time admissible under Rule 5(4) of
CCS(JT) Rules, 1979, the guiding principle being that the total period of
joining time should be approximately equal to 8 days for preparation plus
reasonable transit time plus holidays, if any, following the extended joining
time. Due allowance should also be given for the period spent awaiting the
departure of the steamer.

During the entire period of joining time, the Government servant is

entitled to joining time pay equal to the pay drawn by him in the old post at the
time of his relinquishing the charge of that post.
[Rules 5(5) and 7 of CCS (JT) Rules read with GIO (1), thereunder.]

22. What joining time is admissible to a Government servant who

while being in transit on transfer, is directed to proceed to a place
different from that indicated in the initial orders of transfer ?

Ans : The Government servant is entitled to joining time already availed of up

to the date of receipt of revised orders plus fresh spell of full joining time from
the date following the date of receipt of revised orders.
The fresh spell of joining time is such cases, is to be calculated form
the place at which he received revised orders as if he is transferred from that
place.
[Rule 6(3), CCS (JT) Rules]

23. How would you regulate the joining time of a Government servant
to whom the CCS (Joining Time) Rules, 1979, apply when he is
transferred to the control of another Government or Organization which
has made rules prescribing the amount of joining time ?

SAT 220
Ans: Joining time of such a Government servant for journey to join his post
under that Government/Organization and for return journey will be governed
by the CCS (Joining Time) Rules, unless different provisions are expressly
made in the terms of deputation/foreign service by mutual agreement between
the lending and borrowing organizations.
[Rule 2(1), CCS (JT) Rules]

24. Is joining time admissible to a Government servant who is

transferred from one station to another but whose transfer is
subsequently cancelled after he has relinquished the charge of the old
post but before he could take charge of the new post ?

Ans : The period intervening between the date of relinquishment of the

charge of the old post and taking charge of the same post later on account of
cancellation of his transfer order should be treated as his joining time.
[C & AG,s Decision in Appx. 10 of FR & SR]

25. What are the provisions relating to transit time/joining time

admissible to Government servants to cover journeys from/to a remote
locality while proceeding on or returning from leave ?

Ans : Following are the provisions :-

(i) A Government servant proceeding on leave from/ to a place in
the remote locality or returning from leave to/from the said place
is entitled once in a calendar year to transit time each way to
cover the period spent in journey between the said remote
locality and the specified station at the scale specified in Col.3 of
Annexure to GI, MHA, OM, dated 17-9-1984.
(ii) Where the outward journey falls in the calendar year and return
journey falls in the succeeding calendar year, the concessions
will be counted against the calendar year in which the leave
commences. In calculating transit time, holidays falling before or
at the end of it, will be excluded while those falling during transit
time will be included.
[GIO (1), CCS (JT) Rules]

26. A Government servant who was discharged due to reduction of

establishment got an order of appointment to a new post while in his old
post. He was allowed joining time (with pay) to join the new post.
Comment.

Ans : The action is order vide Rule 4(3), CCS (JT) Rules, 1979.

SAT 221